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Articles 31 - 52 of 52
Full-Text Articles in Law
Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges
Procedural Due Process In Modern Problem-Solving Courts: An Application Of The Asymmetric Immune Knowledge Hypothesis, Leah C. Georges
Department of Psychology: Dissertations, Theses, and Student Research
Problem-solving courts, such as drug and mental health courts, function under the model of therapeutic jurisprudence—the idea that legal policies and procedures should help and not harm clients, within the confines of the law (Winick & Wexler, 2002). Although it would seem that the lack of procedural due process in most problem-solving courts is in direct opposition to the best interests of a client, it is possible that observers find this more of a problem than do the court clients themselves. This two-experiment study applied Igou’s (2008) AIK hypothesis to problem-solving courts’ practice of sanctioning in the absence of due …
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
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 Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
Lisa PytlikZillig Publications
The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Lisa PytlikZillig Publications
Despite its increasing importance for sustainability, building widespread competency in the basic principles of climate literacy among the United States general public is a great challenge. This article describes the methods and results of a public engagement approach to planning climate change education in the Central Great Plains of the United States. Our approach incorporated contextual and lay expertise approaches to public engagement with a focus on supporting the self-determination of the specific stakeholder groups–rural producers, educators, and community members. An integration of results from the focus groups reveal that our approach was received positively and elicited a number of …
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
Fathers, Divorce, And Child Custody, Matthew M. Stevenson, Sanford L. Braver, Ira M. Ellman, Ashley M. Votruba
Fathers, Divorce, And Child Custody, Matthew M. Stevenson, Sanford L. Braver, Ira M. Ellman, Ashley M. Votruba
Department of Psychology: Faculty Publications
A great many fathers will have their fathering eliminated, disrupted, or vastly changed because they become divorced from the child’s mother. In fact, between 40% and 50% of marriages end in divorce (Cherlin, 2010). Although the divorce rate (measured as divorces per 1,000 people) is high by the standards prior to the late 1960s, it has actually fallen more than 30% since its peak in 1980. The decline in divorce rates in recent years has, however, been concentrated among the college-educated portion of the population; divorce rates among the less well educated may have even increased (Cherlin, 2010). But for …
Will The Real Reasonable Person Please Stand Up? Using Psychology To Better Understand And Apply The Reasonable Person Standard, Ashley M. Votruba
Will The Real Reasonable Person Please Stand Up? Using Psychology To Better Understand And Apply The Reasonable Person Standard, Ashley M. Votruba
Department of Psychology: Faculty Publications
This article will consist of four main parts. Part I will review the historical and current Reasonable Person Standard. More specifically, it will discuss a brief history of the common law negligence standard leading to the current commonly used Reasonable Person Standard, review the current American Law Institute ("ALI") language of the Reasonable Person Standard, and briefly outline the three most common legal theorist conceptualizations of the negligence standard in order to provide a review of the current understanding of the negligence standard. Part II will then examine the importance of the jury and the limited instruction they are provided …
Medical Adverse Events And Malpractice Litigation In Arizona: By-The-Numbers, Ashley M. Votruba, Michael J. Saks
Medical Adverse Events And Malpractice Litigation In Arizona: By-The-Numbers, Ashley M. Votruba, Michael J. Saks
Department of Psychology: Faculty Publications
A new medical malpractice "crisis" periodically erupts across the United States, invariably producing calls for legislative solutions. Typically, the public is told that rising malpractice insurance premiums are driving doctors out of their practices or out of our state, while increasing the cost of health care, and that those rising insurance rates are the product of too many unwarranted lawsuits resulting in exorbitant damage awards. The legislative fixes typically involve restricting the ability of plaintiffs to bring claims, to prosecute their claims successfully, or to recover full damages if they happen to prevail on their claims. The U.S. Congress sometimes …
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
Department of Psychology: Faculty Publications
The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and …
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Lisa PytlikZillig Publications
Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …
Discussion On The Paper By Neumann, Evett And Skerrett, Michael J. Saks, Ashley M. Votruba
Discussion On The Paper By Neumann, Evett And Skerrett, Michael J. Saks, Ashley M. Votruba
Department of Psychology: Faculty Publications
Neumann, Evett, and Skerrett have made a major contribution to the art and science of fingerprint identification. This is an important—perhaps historic—step forward in the intellectual history of fingerprint identification and perhaps other fields of pattern matching forensic science. Their work deals ingeniously with the elusive problem of placing forensic identification on an empirically sound, quantitative foundation.
Potential For Self-Reporting Of Older Adult Maltreatment: An Empirical Examination, Eve M. Brank, Lindsey E. Wylie, Joseph A. Hamm
Potential For Self-Reporting Of Older Adult Maltreatment: An Empirical Examination, Eve M. Brank, Lindsey E. Wylie, Joseph A. Hamm
Nebraska College of Law: Faculty Publications
This Article examines state statutes providing for the mandatory reporting of older adult maltreatment. These statutes are important in protecting older adults from potential victimization at the hands of both formal and informal caregivers. Nevertheless, Professor Brank, Ms. Wylie, and Mr. Hamm argue that these statutes undermine older adults’ autonomy and individual decision making because the statutes are modeled off the parens patriae framework of child maltreatment statutes. The authors believe these statutes effectively disempower older adults because older adults, unlike children, should be considered competent decision makers unless adjudicated otherwise. The authors contend that this system is the product …
Baby Boomers At Work: Growing Older And Working More, Eve M. Brank
Baby Boomers At Work: Growing Older And Working More, Eve M. Brank
Nebraska College of Law: Faculty Publications
In the current chapter, I will first detail the legal framework for workplace age discrimination and court case examples that have largely mirrored race and gender discrimination law. Next, I will discuss the psychological research that details the consequences of age discrimination with a particular focus on the combined effects of stereotype assimilation and notions of deservingness of respect. Last, I will suggest that until we know the causes of age discrimination, we cannot legitimately address its consequences the same way we have addressed other forms of discrimination. Specifically, I will argue that legislating against age discrimination is inherently different …
What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner
What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner
Department of Psychology: Faculty Publications
Jury researchers have long been concerned about the generalizability of results from experiments that utilize undergraduate students as mock jurors. The current experiment examined the differences between 120 students (55 males and 65 females, mean age = 20 years) and 99 community members (49 males and 50 females, mean age = 42 years) in culpability evaluations for homicide and sexual assault cases. Explicit attitude measures served as indicators of bias for sexual assault, defendant, and homicide adjudication. Results revealed that student and community participants showed different biases on these general explicit attitude measures and these differences manifested in judgments of …
Holding Parents Responsible: Is Vicarious Responsibility The Public’S Answer To Juvenile Crime?, Eve M. Brank, Edie Greene, Katherine Hochevar
Holding Parents Responsible: Is Vicarious Responsibility The Public’S Answer To Juvenile Crime?, Eve M. Brank, Edie Greene, Katherine Hochevar
Department of Psychology: Faculty Publications
Parental responsibility laws hold parents accountable for the delinquent behaviors of their children even when parents’ actions are not the direct cause of an offense. Despite the prevalence of these laws, we know little about their perceived fairness. Is it reasonable to make parents vicariously responsible for outcomes they could not have foreseen and, if so, under what circumstances? Our series of three studies addressed those questions by systematically examining the impact of various situational and dispositional factors on public opinions regarding parental responsibility. Respondents attributed most of the responsibility for a crime to the child, and attributions of responsibility …
Preface To “When Does Sample Matter In Juror Decision‐Making Research? Differences Between College Student And Representative Samples Of Jurors”, Joel D. Lieberman, Daniel A. Krauss, Richard L. Weiner
Preface To “When Does Sample Matter In Juror Decision‐Making Research? Differences Between College Student And Representative Samples Of Jurors”, Joel D. Lieberman, Daniel A. Krauss, Richard L. Weiner
Department of Psychology: Faculty Publications
It has been 45 years since Kalven and Zeisel (1966) published their groundbreaking book The American Jury. Since that time, the field of jury decision‐making has grown dramatically. A multitude of social and cognitive influences on juror behavior have been identified, as has the influence of many procedural factors such as jury size, jury decision rule, and jury instructions. Several broad theories have been developed that integrate findings, such as commonsense justice (Finkel, 1995, 2001) and the story model (Pennington & Hastie, 1992). Interestingly, although The American Jury may have marked the beginning of the era of jury decision‐making …
Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank
Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank
Department of Psychology: Faculty Publications
Caregivers of the elderly face conflicting legal demands; they must make certain the elder’s needs are being met while not forcing undesired care on an adult capable of informed decisions. This dichotomy may be a reason a large volume of reported elder abuse derives from unintentional neglect on behalf of informal familial caregivers. The current research examines this possibility with exploratory interviews and an experiment. The interviews between elders and their family (30 dyads) revealed that many did not intend for the living arrangements to become permanent, and the nonelders were largely unprepared for the magnitude of changes and responsibilities …
Juveniles’ Knowledge Of The Court Process: Results From Instruction From An Electronic Source, Christine Driver, Eve M. Brank
Juveniles’ Knowledge Of The Court Process: Results From Instruction From An Electronic Source, Christine Driver, Eve M. Brank
Department of Psychology: Faculty Publications
Our study first determined what juveniles know about the juvenile court process. Second, it evaluated a DVD designed to be a systematic and simple way to improve this knowledge. A pre- and post-test design was used with two pilot samples and two samples from the population of interest. A sample from a juvenile detention center (n = 118) was the focus of this study. Initial knowledge of the court process was quite low for the detention sample (pretest M = 64.0%, SD = 14.2%). All samples experienced a significant improvement of knowledge after watching the DVD. Youth in the …
A Comparison Of Two Theoretical Models Of Procedural Justice In The Context Of Child Protection Proceedings, Twila Wingrove
A Comparison Of Two Theoretical Models Of Procedural Justice In The Context Of Child Protection Proceedings, Twila Wingrove
Department of Psychology: Dissertations, Theses, and Student Research
In this study, the researcher tested two theoretical models of justice in the context of child protection proceedings. Participants read a case file describing a hypothetical child neglect case. The file included the court petition, the caseworker’s court report, a summary of the protective custody hearing, and the judge’s final order. Within the case file, the researcher manipulated four variables: procedural treatment, interpersonal treatment, severity of child neglect, and assigned role (judge or parent). Results of confirmatory factor analyses suggested that a four-factor model of justice judgments best fit the data. Consistent with the organizational justice approach (Colquitt, 2001) the …
Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner
Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner
Department of Psychology: Faculty Publications
The current research compares two theoretical models borrowed from social psychology (theory of planned behavior and procedural justice) to predict intentions to make use of a drug court. Medicaid-eligible substance users answered a number of questions regarding their intentions to use a drug court in the future, including items from planned behavior and procedural justice scales. When procedural justice was considered alone, only trustworthiness predicted intention to use drug courts. When planned behavior was considered alone, only deliberative attitudes predicted the intention. After combining the two models, deliberative attitudes from the theory of planned behavior were the only significant predictor …
Understanding The Influence Of Climate Forecasts On Farmer Decisions As Planned Behavior, Ikrom Artikov, Stacey Hoffman, Gary Lynne, Lisa M. Pytlikzillig, Q. Steven Hu, Alan Tomkins, Kenneth Hubbard, Michael Hayes, William J. Waltman
Understanding The Influence Of Climate Forecasts On Farmer Decisions As Planned Behavior, Ikrom Artikov, Stacey Hoffman, Gary Lynne, Lisa M. Pytlikzillig, Q. Steven Hu, Alan Tomkins, Kenneth Hubbard, Michael Hayes, William J. Waltman
Lisa PytlikZillig Publications
Results of a set of four regression models applied to recent survey data of farmers in eastern Nebraska suggest the causes that drive farmer intentions of using weather and climate information and forecasts in farming decisions. The model results quantify the relative importance of attitude, social norm, perceived behavioral control, and financial capability in explaining the influence of climate-conditions information and short-term and long-term forecasts on agronomic, crop insurance, and crop marketing decisions. Attitude, serving as a proxy for the utility gained from the use of such information, had the most profound positive influence on the outcome of all the …
Understanding Farmers’ Forecast Use From Their Beliefs, Values, Social Norms, And Perceived Obstacles, Qi Hu, Lisa M. Pytlikzillig, Gary Lynne, Alan Tomkins, William J. Waltman, Michael Hayes, Kenneth Hubbard, Ikrom Artikov, Stacey Hoffman, Donald A. Wilhite
Understanding Farmers’ Forecast Use From Their Beliefs, Values, Social Norms, And Perceived Obstacles, Qi Hu, Lisa M. Pytlikzillig, Gary Lynne, Alan Tomkins, William J. Waltman, Michael Hayes, Kenneth Hubbard, Ikrom Artikov, Stacey Hoffman, Donald A. Wilhite
Lisa PytlikZillig Publications
Although the accuracy of weather and climate forecasts is continuously improving and new information retrieved from climate data is adding to the understanding of climate variation, use of the forecasts and climate information by farmers in farming decisions has changed little. This lack of change may result from knowledge barriers and psychological, social, and economic factors that undermine farmer motivation to use forecasts and climate information. According to the theory of planned behavior (TPB), the motivation to use forecasts may arise from personal attitudes, social norms, and perceived control or ability to use forecasts in specific decisions. These attributes are …