Digital Commons Network^™

A Legal-Conceptual Framework For The School-To-Prison Pipeline: Fewer Opportunities For Rehabilitation For Public School Students, Brian J. Fahey

Nebraska Law Review

I. Introduction

II. Three Models for Regulating Juvenile Conduct ... A. The Criminal Punishment Model ... 1. Rights Attendant to the Criminal Punishment Model ... 2. A Framework for Recognizing Criminal Punishment ... B. The Juvenile Justice Model ... 1. Rehabilitative Beginnings ... 2. Recognizing Due Process Rights in Juvenile Justice ... 3. A Retributive Renaissance in Juvenile Courts ... C. The School Discipline Model ... 1. Sparse Constitutional Origins ... 2. Students’ Rights and Punishment in Schools ... a. Goss v. Lopez ... b. Ingraham v. Wright ... 3. What Goss and Ingraham Tell Us about Students’ Rights in …

Stolen Profits: Civil Shoplifting Demands And The Misuse Of Neb. Rev. Stat. § 25–21,194, Ryan P. Sullivan, Daniel Gutman, Chris Schmidt

Nebraska Law Review

I. Introduction

II. Background ... A. Civil Shoplifting Statutes Generally ... 1. General Authority and Amount Recoverable ... 2. Civil Demand Letters ... 3. Collection of Damages and Penalties Under Civil Shoplifting Statutes ... B. An Overview of Nebraska’s Civil Shoplifting Statute ... 1. The Origins of Nebraska’s Civil Shoplifting Statute ... 2. The Statute as Amended ... 3. Limits on Pre-Litigation Demands Under Neb. Rev. Stat. § 25–21,194 ... a. General Loss-Prevention Costs ... b. Anticipated Litigation Expenses

III. Advising the Client ... A. Pay the Demand ... B. Ignore the Demand ... 1. Defending a Claim ... 2. …

Al Maqaleh And The Diminishing Reach Of Habeas Corpus, Rehan Abeyratne

Nebraska Law Review

I. Introduction

II. Al Maqaleh: Background and Procedural History … A. Facts of the Case ... B. The Four Major Opinions ... 1. Al Maqaleh I ... 2. Al Maqaleh II ... 3. Al Maqaleh III ... 4. Al Maqaleh IV

III. Revisiting the Site of Apprehension and Site of Detention Factors ... A. Site of Apprehension ... B. Site of Detention ... 1. Is Sovereignty a Necessary Condition for Writ Jurisdiction? ... a. De Facto Sovereignty ... b. Eistentrager’s Holding ... 2. Conflating Degree and Duration of Control ... 3. A “Permanent” U.S. Presence at Bagram

IV. When …

The Animal Welfare Act At Fifty: Problems And Possibilities In Animal Testing Regulation, Courtney G. Lee

Nebraska Law Review

I. Introduction

II. Background of the Animal Welfare Act ... A. Enactment and Evolution ... B. Early Amendments ... C. Improved Standards for Laboratory Animals Act of 1985 ... D. Institutional Animal Care and Use Committees ... E. IACUC Effectiveness

III. Coverage of the AWA ... A. What Is an “Animal” under the AWA? ... B. Legislative Background of the Definition ... C. Sentience of Unprotected Species

IV. The Effectiveness and Necessity of Animal Testing ... A. Is Animal Experimentation Effective? ... B. Alternatives to Animal Testing ... 1. In Vitro Testing ... 2. In Silico Testing ... 3. Alternative …

Muddying The Water, Clearing The Way . . . For Judicial Review Of Clean Water Act Jurisdictional Determinations: Hawkes Co. V. U.S. Army Corps Of Engineers, 782 F.3d 994 (8th Cir. 2015), Taylor Fritsch

Nebraska Law Review

I. Introduction

II. Background ... A. The Clean Water Act’s Jurisdictional Uncertainty … B. Recent Regulatory Action ... C. Issues ... D. “Final Agency Action” ... 1. The Bennett Test of Final Agency Action ... 2. Sackett v. EPA Opens the Door ... E. Ripeness

III. Hawkes Co. v. U.S. Army Corps of Engineers ... A. Facts and Administrative History ... B. District Court Decision ... C. Eighth Circuit’s Opinion and Holding ... D. Judge Kelly’s Concurring Opinion

IV. Analysis ... A. Supreme Court Review of Hawkes Co. ... B. Revisiting Hawkes Co. in the Supreme Court ... 1. Sackett …

Bussing V. Cor Clearing, Llc, 20 F. Supp. 3d 719 (D. Neb. 2014): Preserving The Right To Tell Your Employers What They Do Not Want To Hear, Kelsey E. B. Knoer

Nebraska Law Review

I. Introduction

II. Background ... A. The Great Recession ... B. The Failure of Sarbanes-Oxley ... 1. The Best of Intentions ... 2. How Sarbanes-Oxley Failed Whistle-Blowers ... C. Dodd-Frank and Financial Reform ... 1. Improving Sarbanes-Oxley ... 2. The Two Provisions ... a. The Bounty Program ... b. Protecting Whistle-Blowers from Retaliation ... D. The Interpretation of Dodd-Frank’s Whistle-Blower Provisions ... 1. The Asadi Approach ... 2. The Chevron Deference Approach ... 3. How Whistle-Blowers Have Faired ... a. The Statistics of Whistle-Blowing ... b. Missing the Mark: Whistle-Blowers Left Without Protection ... E. Bussing v. COR Clearing LLC …

Four-Membered Metallacycles Arising From An Ambiphilic Ligand: Synthesis And Characterization Of Group Ix Complexes, Rachael Nichole Pickens

Graduate Theses, Dissertations, and Problem Reports (ETD)

The reactivity of transition metal complexes is greatly affected by the complex structure and the nature of the coordinated ligands. Ambiphilic ligands, a class of molecule termed a frustrated Lewis pair that possesses non-interacting functional groups of both Lewis acidic and basic character, are of particular interests few reports of their application to organometallic catalysis have emerged and their full potential has not been achieved. Exploring the bi-functionality and the potential applications of such ligand frameworks with group IX transition metals with phosphino--borane (Ph2PCH 2CH2BBBN) complexes resulted in interesting reactivity. When treated with bases such as silver or lithium reagents, …

The Perception Of Young Drivers And Their Understanding Of Graduated Drivers Licensing, Andrew Poszich

Graduate Theses, Dissertations, and Problem Reports (ETD)

New, young drivers are over three times more susceptible to crashes in their first 1,000 miles of on road driving. In order to reduce the number incident rate for teenage drivers, Graduated Drivers Licensing (GDL) programs have been implemented across the country. West Virginia, along with all other states, aims to further improve the effectiveness of this program. Currently, GDL effectiveness is steeply limited by the willingness of teenager drivers and their parents to comply with the laws in place. Across the country, programs are being implemented that help raise awareness of GDL and supplement some of the information already …

History And Social Action: A Study Of Landscpae In The Former Sultanate Of Wolio, Tony Rudyansjah

Antropologi Indonesia

This article addresses the relationship between history and social action in the region of the former Sultanate of Wolio. To put it in a more precise way, the author seeks to demonstrate the multiple ways in which people in the region represent their past and to show how an understanding of history can be seen as a source of moral choices which guides social action. Landscape occupies a central place to examine how people represent their history. People visit certain historical sites not just for pleasure, but because past events and personalities related to these sites continue to exist in …

Emerging Pathogens In Cystic Fibrosis Patients At Virginia Commonwealth University Medical Center (Vcumc), Emily M. Hill

Theses and Dissertations

Cystic fibrosis (CF) is an autosomal recessive disorder affecting 70,000 individuals worldwide. This disease is characterized by the buildup of mucus in the airways leading to chronic lung infections resulting in pulmonary failure and death in 95% of CF patients. Routine surveillance of CF pathogens using traditional microbiology culture guides management and treatment of CF patients. Molecular profiling studies have revealed emerging pathogens that may play a role in CF lung disease by either directly causing infection or upregulating the virulence factors of classic CF pathogens, such as P. aeruginosa; however, routine CF culture protocols have not been modified …

Religion In The Early British Literature Classroom: The Challenges Of Teaching Religion And Literature To Students Of Faith, Bob De Smith

Faculty Work Comprehensive List

No abstract provided.

Student Performance In Curricula Centered On Simulation-Based Inference: A Preliminary Report, Beth Chance, Jimmy Wong, Nathan L. Tintle

Faculty Work Comprehensive List

"Simulation-based inference"(e.g., bootstrapping and randomization tests) has been advocated recently with the goal of improving student understanding of statistical inference, as well as the statistical investigative process as a whole. Preliminary assessment data have been largely positive. This article describes the analysis of the first year of data from a multi-institution assessment effort by instructors using such an approach in a college-level introductory statistics course, some for the first time. We examine several pre-/post-measures of student attitudes and conceptual understanding of several topics in the introductory course. We highlight some patterns in the data, focusing on student level and instructor …

Troubadours Of The Disaster, Peter Christian Caravalho

Master's Theses

Following the death of his father, San Francisco-based music critic Manuel “Manny” Soares is sent by his editor to Amsterdam to find the next big thing in music. Manny hopes that the physical distance from his home will help him work through his father’s passing. Manny finds himself on a late-night flight to Schipol Airport. On a layover in Frankfurt, Manny manages to cause a small riot in the airport bar and escapes. Once he makes “groundfall” in Amsterdam as his editor, Ian, puts it, Manny is on the hunt. Globalization mixed with culture shock follow him as he navigates …

How The Validity Of The Parallel Inference Is Possible: From The Ancient Mohist Diagnose To A Modern Logical Treatment Of Its Semantic-Syntactic Structure, Bo Mou

Faculty Publications

The purpose of this paper is to explore the issue of how the validity of the parallel inference (as a type of deductive reasoning) is possible in view of its deep semantic-syntactic structure. I first present a philosophical interpretation of the ancient Mohist treatment of the parallel inference concerning its semantic-syntactic structure. Then, to formally and accurately capture the later Mohist point in this connection for the sake of giving a general condition for the validity of the parallel inference, I suggest a modern logical treatment via an expanded predicate logic account.

The Painful Long Head Of The Biceps Brachii: Nonoperative Treatment Approaches, Kevin E. Wilk, Todd R. Hooks

Physical Therapy Faculty Research and Publications

Pain associated with the long head of the biceps (LHB) brachii seems to be increasingly recognized in the past 4 to 5 years. The LHB has long been considered a troublesome pain generator in the shoulder. Abnormality involving the LHB brachii has long been an area of debate, with Codman in 1934 even questioning the specificity of the diagnosis of biceps tendinitis. Biceps tendon abnormality is often associated with rotator cuff impingement. Shoulder pain originating from the biceps tendon can be debilitating, causing a severe decrease in shoulder function. As a result of the frequent clinical presentation of biceps pain, …

Food Insecurity In Nepal : A Cross-Sectional Analysis From 75 Districts, Aarti Reddy

Honors Theses

There are a number of studies regarding food insecurity, but not many that investigate the simultaneous relationships between food insecurity and the measures of well-being (health, education and gender equality). This paper conducts a district-level cross-sectional analysis of the relationship between food insecurity and the measures of well-being in Nepal using an ordered probit model. Instrument variables are used in a two-stage analysis to address the problem of endogeneity. The study finds that health deprivation levels significantly affect levels of food insecurity in a district but education and gender literacy disparity are less significant. Addressing issues of endogeneity and multicolinearity …

Cameron-Liebler Line Classes And Partial Difference Sets, Uthaipon Tantipongipat

Honors Theses

The work consists of three parts. The first is a study of Cameron-Liebler line classes which receive much attention recently. We studied a new construction of infinite family of Cameron-Liebler line classes presented in the paper by Tao Feng, Koji Momihara, and Qing Xiang (rst introduced in 2014), and summarized our attempts to generalize this construction to discover any new Cameron-Liebler line classes or partial difference sets (PDSs) resulting from the Cameron-Liebler line classes. The second is our approach to finding PDS in non-elementary abelian groups. Our attempt eventually led to the same general construction of PDS presented in John …

Computational Studies Of Paradifluorobenzene Cations And Hydrogen Cyanide Molecule, John C. Rowe Iv

Honors Theses

Polycyclic aromatic hydrocarbons (PAHs) are hypothesized to comprise a significant portion of interstellar carbon identified from the Diffuse Interstellar Bands (DIBs). Gas phase cation-molecule reactions between compounds that previously existed as weakly bound species provides the best explanation for the emergence of PAHs in the interstellar medium (ISM). In this work, we use computational methods to characterize one of these weakly-bound systems. We discovered that intramolecular charge distribution (calculated using the Natural Population Analysis) dictate the complexes formed between a paradifluorobenzene cation and either one or two HCN molecules. Additionally, the relative stabilities of the complexes and the binding energies …

Breaking The Language Barrier : The Spanish Translation Of The Barriers To Access To Care Evaluation (Bace), Yosmary Rodriguez

Honors Theses

The Hispanic/Latino population in the United States has been identified as a high-risk group for mental health problems. Unfortunately, due to commonly reported factors such as lack of linguistically and culturally appropriate services, many fail to seek treatment. While growing research has focused on identifying and addressing the different barriers to accessing mental health care experienced by this community, there continues to be a lack of validated Spanish assessments to aid in the evaluation of these barriers. In hopes of overcoming this barrier, and working towards better quality of care for this growing population, this project translated the Barriers to …

An Examination Of The Cmb Large-Angle Suppression, Ellis Herman

Honors Theses

As shown by COBE­DMR and then by the Wilkinson Anisotropy Probe (WMAP), there exists an anomaly in the correlation function of the cosmic microwave background (CMB) radiation, namely that said correlation function is suppressed to zero on large angular scales. This observation conflicts with the prediction made by Lambda­CDM, the standard model of cosmology, indicating either necessary changes to the standard model or that our universe is a rare fluke within LCDM ­ such suppressions are seen in only about 0.3% of universes predicted by LCDM. To differentiate into which of these categories our universe falls, we have attempted to …

Characterization Of Catecholamine Receptors And Transporters In Murine Macrophages, Elizabeth Gonye

Honors Theses

Macrophages are a critical part of the immune response. When circulating monocytes move into tissues they differentiate int macrophages to mount the first line of defense against pathogens.

Hillenmeyer, "Convenience Of The Employer," And The Taxation Of Nonresidents' Incomes, Edward A. Zelinsky

Articles

In Hillenmeyer v. Cleveland Board of Review, Ohio’s Supreme Court unanimously declared that Cleveland’s municipal income tax violated the Due Process Clause of the U.S. Constitution by taxing a nonresident athlete under the “games-played” method rather than the “duty-days” method. According to the Ohio court, the games-played approach overtaxed Mr. Hillenmeyer by allocating to Cleveland Mr. Hillenmeyer’s compensation from the Chicago Bears using the percentage of the Bears’ games played in Cleveland. By this approach, Cleveland taxed Mr. Hillenmeyer extraterritorially, reaching income he earned from services he performed for the Bears outside of Cleveland’s borders. Due Process, the Ohio …

The Unwritten Federal Arbitration Act, Anthony J. Sebok

Articles

The article examines the tension between the Federal Arbitration Act (FAA) and state public policy, particularly in consumer arbitration cases. It argues that while the FAA prioritizes arbitration agreements, state public policy can override such agreements when they undermine fairness or due process. The analysis focuses on the implications of ATT Mobility v. Concepcion, which upheld the enforceability of class action waivers under the FAA, and explores how state laws and policies continue to influence arbitration outcomes, especially regarding consolidation and assignment of consumer claims.

Customer Service Training In An Academic Technical Library, Anne Marie Casey, Kathleen Citro

Publications

Training research librarians to provide highly technical research assistance as well a exemplary customer service is the goal at the Hunt Library. The process involved with the training process is delineated and the Table of Contents headings from the training manual are included.

Intermittency Of Gravity Wave Momentum Flux In The Mesopause Region Observed With An All-Sky Airglow Imager, Bing Cao, Alan Z. Liu

Publications

The intermittency of gravity wave momentum flux (MF) near the OH airglow layer (∼87 km) in the mesopause region is investigated for the first time using observation of all-sky airglow imager over Maui, Hawaii (20.7∘N, 156.3∘W), and Cerro Pachón, Chile (30.3∘S, 70.7∘W). At both sites, the probability density function (pdf) of gravity wave MF shows two distinct distributions depending on the magnitude of the MF. For MF smaller (larger) than ∼16 m2 s−2 (0.091 mPa), the pdf follows a lognormal (power law) distribution. The intermittency represented by the Bernoulli proxy and the percentile ratio shows that gravity waves have higher …

Evidence Of The Excitation Of A Ring-Like Gravity Wave In The Mesosphere Over The Andes Lidar Observatory, Fabio Vargas, Gary Swenson,, Alan Liu, Dominique Pautet

Publications

On 23 March 2012, our all-sky imager recorded a concentric, ring-like gravity wave pattern. The wave arose within the area covered by images of both OH and O(1S) nightglow emissions taken at the Andes Lidar Observatory (ALO), Chile (30.3°S, 70.7°W). We have estimated the observed and intrinsic parameters of the event and located the wave source within the lower mesosphere altitude range using a reverse ray tracing method. By the analysis of GOES and LIS satellite images, we have not found evidence of neither convective nor lightning activity nearby ALO, indicating that the source of the ring-like wave …

From Enrollment To Employment: A Dacum Approach To Information Systems And Information Security And Assurance Curriculum Design, Leila Halawi, Wendi M. Kappers, Aaron Glassman

Publications

Issues associated with information security are numerous and diverse. Since the majority of organizational actions rely greatly on information and communication technologies, Information Systems (IS) security is now a main concern for firms, governments, institutes, and society as a whole. As a result, a plethora of graduate programs have been created, covering nearly every aspect of IS security. The authors review the current state of the IS industry presented in the literature, and identify a panel of IS experts in which to explore current job skill needs using a “Developing a Curriculum,” DACUM, process to support curriculum design for two …

Impact Of Electronic Health Records On Patient Outcomes, Lilian Ndifon, Jude E. Edwards, Leila Halawi

Publications

With the passing of the HITECH Act, EHRs have come into prominence and sharper focus, due to efforts by the government to push for a national adoption of EHRs into our healthcare system. This push for a national adoption of EHRs is based on the premise that it will help improve the quality delivery of health care services and reduce costs. However, this push for a “national adoption” has experienced mixed results. This study was designed to assess the impact of EHRs post-2009, the year of the HITECH Act, to review some of the key contributing factors to this mixed …

From Enrollment To Employment: A Dacum Approach To Information Systems And Information Security And Assurance Curriculum Design, Leila Halawi, Wendi M. Kappers, Aaron Glassman

Publications

Issues associated with information security are numerous and diverse. Since the majority of organizational actions rely greatly on information and communication technologies, Information Systems (IS) security is now a main concern for firms, governments, institutes, and society as a whole. As a result, a plethora of graduate programs have been created, covering nearly every aspect of IS security. The authors review the current state of the IS industry presented in the literature, and identify a panel of IS experts in which to explore current job skill needs using a “Developing a Curriculum,” DACUM, process to support curriculum design for two …

Emerging Tools For Evaluating Safety Management Systems Effectiveness, T. Brady, A. Stolzer

Publications

Safety Management Systems (SMS) have become prevalent in a host of industries, including aviation, for managing safety, but little research has been performed to-date on measuring the effectiveness of SMS. This research examined the independent application of two related concepts to assess effective- ness: IO/SMS, an Input-Output economics concept applied to SMS, and Data Envelopment Analysis (DEA). Input-Output (IO) is a method for systematically determining the inter-relationships among ele- ments in a system. To determine if IO could be applied to SMS, it was necessary to calculate the relative importance to the system of the four components of SMS. Five …