Law Commons^™

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Theses

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

Center on Children, Families, and the Law: Faculty Publications

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Theses

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Prison Libraries, Intellectual Freedom And Social Justice In Nigeria, Olusegun Adebayo Opesanwo, Oluyomi Abidemi Awofeso Phd

Library Philosophy and Practice (e-journal)

This paper deployed a systematic review to examine prison libraries and intellectual freedom towards attaining social justice in Nigeria. Information resources used cover the periods of 2010 and 2020 to articulate the necessary development in prison libraries, intellectual freedom and social justice in Nigeria. Search engines such as Google scholar, Semantic Scholar, and RefSeek were used to retrieve information and through different queries yielded several results but very few of them were selected to fit in the study due to limited studies directed to address the focus of this study particularly in the Nigeria scenario. Information obtained were subjected to …

Reply To Response By Fbi Laboratory Filed In Illinois V. Winfield And Affidavit By Biederman Et Al. (2022) Filed In Us V. Kaevon Sutton (2018 Cf1 009709), Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia Carriquiry

Department of Statistics: Faculty Publications

1 Preliminaries

1.1 Scope

The aim of this document is to respond to issues raised in Federal Bureau of Investigation¹ and Alex Biedermann, Bruce Budowle & Christophe Champod.²

1.2 Conflict of Interest

We are statisticians employed at public institutions of higher education (Iowa State University and University of Nebraska, Lincoln) and have not been paid for our time or expertise when preparing either this response or the original affidavit.³ We provide this information as a public service and as scientists and researchers in this area.

1.3 Organization

The rest of the document precedes as follows: we begin …

Firearms And Toolmark Error Rates, Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia L. Carriquiry

Department of Statistics: Faculty Publications

We have outlined several problems with the state of error rate studies on firearm and toolmark examination. Fundamentally, we do not know what the error rate is for these types of comparisons. This is a failure of the scientific study of toolmarks, rather than the examiners themselves, but until this is corrected with multiple studies that meet the criteria described in Section 3, we cannot support the use of this evidence in criminal proceedings.

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors used …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson

Center on Children, Families, and the Law: Faculty Publications

Background: This evaluation examined the use of the Facilitated Attuned Interaction (FAN) approach to reflective practice among child welfare and early childhood professionals working with vulnerable children and families.

Objective: The aims of the current evaluation were to test (a) the role of vicarious trauma in predicting professional burnout, (b) the effect of reflective practice quality in decreasing professional burnout, and (c) the ability of reflective practice quality to lessen the relationship between vicarious trauma and professional burnout.

Participants and Setting: The sample included sixty-three professionals across diverse professions including child welfare social workers, early childhood educators, and child welfare …

Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …

A Bibliography Of University Of Nebraska College Of Law Faculty Scholarship 2014-2018, Stefanie S. Pearlman, Keelan A. Weber

Marvin and Virginia Schmid Law Library

This bibliography lists faculty scholarship from 2014-2018. It updates A Bibliography of University of Nebraska College of Law Faculty Scholarship 1892–2013. This bibliography includes publications from law, law library, and law clinical faculty. It also includes assistant deans, faculty with courtesy appointments at the College of Law, and visiting faculty teaching at the College of Law for three or more years. Although we did not include the scholarship of faculty who visited for less than three years or adjunct faculty, we did include a list of those faculty members for historical purposes.

Contents:

Bibliography of Law Faculty Scholarship, 2014-2018 …

Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue A. Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Copyright begins at “birth”

You can also register.

The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance

Length of term = until you die + 70 years

Licensing and contracts

Permissions

Publisher contracts

Creative Commons licenses

Gold Open Access/APCs

Predatory journals

"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?

Public domain (= no copyright)

Educational use = Not Infringement

Plagiarism vs. infringement

Fair Use (1): Re-using copyrighted materials in your own work--legally

Fair use (2): The 4 Factors

Who …

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

Center on Children, Families, and the Law: Faculty Publications

The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private and …

Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks

Department of Psychology: Faculty Publications

Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend toward elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital …

Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen

Center on Children, Families, and the Law: Faculty Publications

The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

Center on Children, Families, and the Law: Faculty Publications

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …

Copyrightx: Harvard University Law School, Sue A. Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Slides of a talk about the 2014 iteration of the CopyrightX course administered by Professor William Fisher of Harvard University Law School.

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-in-residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.

Exploring the implications of one critically important case for research libraries, Jonathan Band, legal counsel to the …

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Department of Psychology: Faculty Publications

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …

7 Tips For An Efficient Faculty Bibliography: How To Tackle Faculty Bibliography Challenges With (Relative) Ease, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

There are many reasons to compile a faculty bibliography: recording faculty accomplishments, preserving information for future generations, and supporting your institution’s external affairs office, to name a few. Also, it is a potential publication for librarians at a tenure-granting institution. So, why did we decide to create a faculty bibliography? It was a combination of past inquiries from our patrons and the need to publish. Prior to this bibliography, no such compilation of our faculty’s work existed. Although our library hosts a display of current faculty scholarship at the start of each fall semester to promote recent faculty publications, we …

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

Center on Children, Families, and the Law: Faculty Publications

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun

Department of Psychology: Faculty Publications

Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …

The Tools Of Our Trade, Richard Leiter

Marvin and Virginia Schmid Law Library

During the past 30 years, computers and other digital tools have evolved from scientific curiosities that promised to make our lives easy and paperless and threatened to make libraries go away to ubiquitous means of communication, research, entertainment, news, and much, much more. Access to technology for librarians today is as critical as having access to leather-bound books once was for the earliest librarians. In order to communicate with peers, patrons, and colleagues and to conduct legal research and create scholarship, today we need a device that lets us “see” the communication or information. This article explores the changing role …