Law Commons^™

Safe At Home?, Mary Steffenhagen

Capstones

Homeschooling is rising in America at an unprecedented rate. This investigative story package examines some of the regulatory bounds of the practice, challenges it poses to child welfare interests, and how those issues impact the everyday lives of children being homeschooled. It was produced in Andy Lehren’s investigative reporting class, with an audio component produced in Narrative Podcast. You can read and listen to it at www.marysteffenhagen.com/capstone (password protected).

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.

Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies

Deason Center Reports

In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.

Linguistic Branching Of Semantics In Arabic: A Social Approach, Hanan Ismael Amayreh, Mohammad Ismael Amayreh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Linguist Branching is appropriate for Arabic Language as words branch out mostly from roots, and every root becomes a tree, which is different from others, not because of the tree itself, but because of what society uses. Language branching expresses the controversial relationship between the language and the rules that govern it from one side, and society’s preference of certain terms over others from the other side. This study tries to answer the following questions: does the language impose the used words, or does it offer options for society to choose what suits it? The study reaches a conclusion that …

The Reality Of Applying Governance Within The Criteria Of Quality Assurance At Schools Of Sport Science At Jordanian Universities, Sari Ahmad Hamdan, Fatima Marof Al-Khrisat

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the reality of applying governance within The Criteria of Quality Assurance at schools of Sport Science at Jordanian Universities from their members perspective. It also aims at finding out the differences in the schools' members perspective. The sample of the study consisted of (86) school members who work in (University of Jordan, Yarmouk University, Mu'tah University, Hashemite University, and Al-Ahliyya Amman University). To achieve the objectives of the study, the Descriptive approach was used. The results showed that the reality of applying governance came to a high degree, and they were statistically significant in the perspective of …

The Image Of The Andalusian Woman In Love And Adored In The Muwashahat Of The Sixth Century Ah In Andalusia, Ali Mosa A-Masha’Leh, Nawal Abd Rahman Al-Shawabkeh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This research aims at exploring the image of the Andalusian woman in love and adored in the sixth hijri century of Andalusia. It explores the real image of women through Andalusian muwashahat and books of literature, translations and others. This research displays the image of the beloved woman and her relationship with her mother where washaheen discuss her beauty. As for the beloved woman, washaheen believe that she has the right to flirt with men, so she was given the chance to express herself using the last section of muwashat. The woman searches for her lover, so she goes to …

The Degree To Which The Use Of Modern Educational Technologies On The Quality Of Education And Its Development In Al-Ahliyya Amman University From The Viewpoint Of Faculty Members, Sawsan Badrakhan, Hafizah Muhammad Mahmoud, Feda Ghnaim, Suleiman Alnaimi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aims at identifying the degree to which the use of modern educational technologies on the quality of education and its development in al-ahliyya Amman university from the viewpoint of faculty members by developing a questionnaire consisting of (20) items which were distributed to a random sample consisting of (198) faculty members. The results of the study showed that the most important modern technologies used in university education are: first, information network (the Internet) with a rate of (18.70%), and second, social networking sites, with a rate of (15.9%). The degree of impact of the use of modern technologies …

The Obstacles Faced By The Middle School Leaders Who Apply The Initiative Of Transition Towards Digital Learning, Amal Ibrahim Aldhafar

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the obstacles faced by the middle school leaders when they apply The Initiative of Transition Towards Digital Learning as well as determining the degree of responses of middle school leaders to these obstacles according to variables such as; (years of experience and school size). In order to achieve the objectives of this study, the descriptive method and the questionnaire method were used. The above methods were applied and distributed amongst the (25) school leaders who applied The Initiative of Transition Towards Digital Learning. The study concluded that obstacles of the application of middle school leaders …

Type D Personality, And The Levels Of Anxiety And Depression In A Sample Of Cardiac Patients In Comparison To Their Non-Patient Counterparts, Fatma Faris Najjar, Wisam Breik

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The present study aims at exploring the prevalence of type D personality (distressed personality) and the levels of anxiety (trait) and depression in a sample of cardiac patients in comparison to their non-patient counterparts in Jordan. To achieve the objectives of the study, an adapted form of type D personality scale-DS14, Trait Anxiety Scale and Beck Inventory were utilized. The study sample consisted of 309 individuals; 306 of which cardiac patients (73 males and 83 females) whose illness is not due to congenital causes and 153 non-patients (83 males and 70 females) as a comparative group, who were chosen from …

Textual Consistency Mechanisms In The Poem "Lost Nostalgia" By Abu Alqasim Alshabbi, Esa Slah Al Tarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The research addresses a significant topic related to (Text Linguistics) based on analyzing poetry speech textuality. The research tracks a textual occurrence as the base of assessing the text quality, which is "Textual Consistency”. The research will study the Textual Consistency mechanism in Abu Alqasim Alshabbi's poem, "Alashwaq Altae'ha", unfolding the consistency of its phonetics, vocabularies, and structural contents, highlighting the significant role of these mechanisms on this outstanding text in maintaining its unity, coherence and cohesion. The research adopted the Descriptive approach, using literary analysis. Key words: Textual Linguistics, Text, Consistency, Abu Alqasim Alshabbi, "Alashwaq Altae'ha”.

The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the doctrine of Functus Officio and its exceptions under the Jordanian Arbitration Law and its relation with the doctrine of res judicata. We will first shed the light on on the doctrine and the awards to which it apply. Then, we will examine the exceptions of the doctrine that alleviate the potential harshness of the doctrine. These exceptions are: correction of clerical error in the award, interpretation of ambiguities or obscurities in the text of the award and supplementation or the issuance of an additional award on matters or claims presented in the arbitral proceedings but omitted …

Advancing Behavioral Health Literacy, James Scollione

Journal of Social, Behavioral, and Health Sciences

Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2021

Nebraska Transcript

Dean's Message

Lovell making a difference through civil rights advocacy 12

Russell Lovell, ’69, executive summary of forthcoming article 16

Beard named editor-in-chief of Woomera Manual 4

Tech Refactored Podcast hits milestones 6

Shoemaker earns Carnegie Fellowship to explore rural futures 8

Immigration Clinic students hold second annual naturalization clinic 19

Nebraska Law joins national police practices effort 20

Professor Eric Berger: Examining lethal injection 22

Grant expands access to attorneys in rural areas 24

Clinical Legal Education Association recognizes Dugger, Lengeling, O’Neill and Sonnenfeld 26

Murga Rios awarded Immigrant Justice Corps fellowship 28

Faculty Notes 30

Professor Kyle Langvardt: …

Creating A Home Base For Treatment In Homeless Courts, Kyle C. Troeger

Student Publications

As the number of unsheltered homeless increases, an alternative to criminalization, homeless courts, have also become more common. 18 States currently have one or more specialty court programs dedicated to meting out alternative sentencing to the local homeless. Homeless courts are a rehabilitative process with the end goal of reintegration into society. They allow nonviolent misdemeanors to be resolved without jail time or fines. In lieu of traditional sentencing is community service and mandated self-improvement. This chapter examines the current criminalization, and history, of homelessness in the United States. Of primary interest is the development of homeless courts as an …

Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora

Journal Articles

This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …

Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel

The Indonesian Journal of Socio-Legal Studies

Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by problems of the legal system itself and by a lack of communication between its constituent parts – the judiciary, the legislative, the bar, public prosecutors, …

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

The Las Vegas Metropolitan Police Department’s (LVMPD) annual budget increased every fiscal year (FY) from 2018 to 2021. Using data provided by the LVMPD’s final budget reports for FY 2018 to 2021, this Fact Sheet details LVMPD funding increases and summarizes budget expenditures by unit and area command.

The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis

Helms School of Government Undergraduate Law Review

No abstract provided.

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.

Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar

Qualitative Criminology (QC)

"Psychedelic research is said to be going through a renaissance with widespread public and political attention on psychedelics’ ability to clinically resolve various medicalized issues. The prevailing cultural narrative of psychedelics almost touts it as a panacea when used in regulated, clinical settings under the supervision of a trained guide. While clinical studies are certainly informative, it is important to recognize that most psychedelic use takes place in social settings, not clinical ones. This paper seeks to expand the narrative on psychedelic research by presenting in-depth interview data on a diverse sample of 30 persons who report using psychedelic substances …