Law Commons^™

Politics In The Non-Political Branch, Justin L. Swanson

College of Journalism and Mass Communications: Professional Projects

Across the country there exists a patchwork of legal systems by which judges are appointed retained. In some states, like Illinois, it is a fully political process where judges actively campaign for election to the bench. But a majority of states, including Nebraska, have adopted the Merit Selection System, which attempts to remove politics from these processes. Nevertheless, politics can enter into the retention votes. And when they do, it can be extremely difficult for judges to overcome.

The Nebraska Transcript 44:2, Fall 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Marty Gardner 4
Whistleblowing Dilemma 6
Faculty Notes 10
Mediation Turns Twenty 16
Medill Creator of New Book Series 19
Willborn Chair of LSAC 20
Beard Returns to Midwest 23
Moberly Appointed to New Role 25
Sheppard Brings Patent Law Back 26
Around the College Feature: Justice Clarence Thomas 28
Admissions Report 31
Presidential Management Fellows Program 33
LL.M. Report 36
Leiter Spends Semester At Harvard 38
2011 Commencement 42
ACLU President Delivers Lane Lecture 46
Judge Bennett & Implicit Bias 47
College Hosts ABA Regional Conference 48
“Futurama” Producer Visits College 49
Feature: …

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman

Great Plains Research: A Journal of Natural and Social Sciences

"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …

Altmetrics: A Manifesto, Jason Priem, Dario Taraborelli, Paul Groth, Cameron Neylon

Copyright, Fair Use, Scholarly Communication, etc.

First paragraph:

No one can read everything. We rely on filters to make sense of the scholarly literature, but the narrow, traditional filters are being swamped. However, the growth of new, online scholarly tools allows us to make new filters; these alt-metrics reflect the broad, rapid impact of scholarship in this burgeoning eco-system. We call for more tools and research based on altmetrics.

A New 'Star' In The Firmament--Teaching Space And Telecoms Law As A Post-Graduate Ll.M. Programme, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Contents

I. Congratulatory message to Professor Doo-Hwan Kim on his 77th anniversary

II. Teaching space law: the beginnings

III. Teaching space law: broadening the picture

IV. Teaching space law and telecommunications law

Review Of Aboriginal Title And Indigenous Peoples: Canada, Australia, And New Zealand. Edited By Louis A. Knafla And Haijo Westra., Dwight Newman

Great Plains Research: A Journal of Natural and Social Sciences

This volume contains a number of intelligent, insightful essays that, as a collection, are meant to offer comparative perspectives on Aboriginal title issues in Canada, Australia, and New Zealand. A relatively limited number of the essays actually engage in direct comparison, although David Yarrow's examination ofthe place ofIndigenous jurisdiction in Australia and Canada, Kent McNeil's scrutiny ofthe source and content ofIndigenous land rights in Australia and Canada, and Louis Knafta's superb introduction are welcome exceptions. Most of the other chapters frame a set of comparisons by engaging with issues in a single jurisdiction, although some are also devoted to specific …

Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring

Great Plains Research: A Journal of Natural and Social Sciences

In Canada, the term First Nations explicitly recognizes a nation-to-nation relationship between the Crown and the original inhabitants of North America that requires treaty making as the primary political and legal process for the taking of Indian lands and the incorporation of Indian nations into the multinational Canadian state. There are great political difficulties embodied in this process, including the continued impoverishment and marginalization of the First Nations, and the repeated failure of successive Canadian governments to carry out their responsibilities under these treaties, but the treaty process remains the required process. J.R. Miller, perhaps Canada's leading scholar of Aboriginal …

The Nebraska Transcript 44:1, Spring 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Alan Frank 4
Mexico’s Criminal Justice Transformation 6
Faculty Notes 8
Network Neutrality 14
Lepard Leads Human Rights Project 16
Blankley’s Passion for ADR 17
Burkstrand-Reid’s Trust to Teach 18
Feature: Dean Susan Poser 19
Around the College Brummond’s New Role 22
Kluver Leads Admissions Efforts 23
Our Future in the Big Ten: Admissions 24
Job Market’s Impact on CSO 26
Evolution of Technology 28
Student Accolades 32
2010 Family Traditions Ceremony 34
Hitler’s Court 36
Recent Facility Renovations 37
Our Alumni Eilers: A Global Career 38
Nearhood Admissions Office 39
Winter Scholarship 40 …

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Department of History: Dissertations, Theses, and Student Research

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the most …

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …

Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks

Great Plains Research: A Journal of Natural and Social Sciences

This text's major thesis, that "Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone," has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada's current legal system-really? Keenly aware of skeptics, Borrows has thought as much about …

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

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 …

Space For Celestial Symphonies? Towards The Establishment Of International Radio Quiet Zones, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The growth of low- and medium-Earth orbit mobile satellite communications poses a threat to radio astronomers which could be mitigated by the establishment of international radio quiet zones (IRQZs), where communications traffic is managed (not eliminated) to allow radio astronomy to continue. Using the prototype of national such zones in the USA, this article explains how the system would work and discusses the international legal parameters that would bound it, drawing on current aerospace, outer space and high seas legislation. Precedents for an IRQZ—Exclusive Economic Zones, denuclearized zones and the Antarctic regime—are also examined.

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …

Sun, Sea, Sand ... And Space: Launching Tourists Into Outer Space From The Dutch Caribbean, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the first space tourist flights coming ever closer to reality, the interests in becoming part of this challenging new chapter of human spaceflight are also spreading across the globe. One of the legally most interesting projects concerns the plans of Space Experience Curac;ao, a Dutch company, to develop a spaceport on the island of Curaçao in the Dutch Antilles, so far famous largely for its holiday resorts. The aim is to allow as of 2014 commercial spaceflights to be undertaken from the island as well as to start offering such flights itself from the island. The Dutch Antilles are …

The Legal Framework For Space Projects In Europe: Aspects Of Applicable Law And Dispute Resolution, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space projects in Europe take place in a complicated environment involving many public, private and intergovernmental actors, where the participation of the private sector, as independent space operators or as sub-contractors to others, is usually subsumed under the label of 'the space industry,' producing hardware, software and services to be used in outer space, in support of space activities, or using products, data or information generated with the help of space activities.

Such private, semi-private and quasi-private actors use contracts as the main mechanism to protect their interests, the freedom to contract within the rule oflaw being the paramount overarching …

Introduction To National Space Legislation In Europe: Issues Of Authorization Of Private Space Activities In The Light Of Developments In European Space Cooperation, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This book is, at the heart, a result of a Practitioners’ Forum of the European Centre of Space Law (ECSL), organized in Paris in December 2008. Having been established in the early 90s, ECSL Practitioners’ Fora are organized more or less annually, and have presented unique oneday occasions for academics and practitioners from all corners of the European space endeavor and space industry to discuss topical and important legal issues.

The Eu Space Competence As Per The Treaty Of Lisbon: Sea Change Or Empty Shell?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The entry into force of the Treaty of Lisbon late 2009 introduced a so-called 'space competence' of the European Union into the already complicated legal European 'spacescape' . It has been hailed by some as a sea change, a watershed following which the EU finally and irreversibly has entered the realm of legislating for space, whereas others fail to see it as more than an empty shell, a fig leaf for politicians to be able to show at least some progress towards a united European approach and policy with respect to space.

Whilst some discussion has focused on whether this …

The Origins Of Authorisation: Article Vi Of The Outer Space Treaty And International Space Law, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The issue of authorisation of private space activities, the key theme of the present book, ultimately goes back to the principled political disagreements in the 50s and 60s between the two (then) superpowers in space, the United States and the Soviet Union, on the proper role of other entities than states in space activities. The Soviet Union, true to its communist ideology, was squarely against any private activities in most economically-relevant areas of society, but certainly so in an area of such strategic concern as outer space. l By contrast, the United States throughout its existence has …

Liability And Insurance In The Context Of National Authorisation, A. Kerrest De Rozavel, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

It is probably difficult to overstate the importance of liability and the related area of insurance when domestic legislation in the field of space activities is concerned, as such activities still constitute a relatively hazardous undertaking and the risks of something going horribly wrong are always close at hand. Moreover, though fortunately so far major accidents as a consequence of space activities—at least on earth—have not occurred, if they would occur there should be little doubt that they may cause major damage, potentially even of a catastrophic size. As a consequence, the question as regards who would …

The Issue Of National Security In The Context Of National Space Legislation—Comparing European And Non-European States, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The inherent dual-use character of most, if not all space activities cannot fail to exercise a considerable impact also on the involvement of private actors in space. Much technology used for and/or developed by private space activities may potentially be put at the use of those wishing to change a particular political status quo, and likewise the material results of some private space activities may, consciously or inadvertently, come to be used against the national security interests of one state or another. Hence, issues of national security will likely also have an effect on the issue of …

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 …

Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz

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

Two major themes in the delinquency literature are the roles of family structure and childhood victimization. Combining these two lines of research, the current project examines the unique contribution of family structure and victimization on the serious delinquency of a nationally representative sample of adolescents. In addition, we examine whether the form of families serves to condition the relationship between victimization and delinquency. Past research indicates that abuse is more likely to occur in two-parent families of a ‘‘mixed’’ form, specifically in the presence of a live-in boyfriend or stepfather. However, little is known regarding the impact of victimization on …

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 …