Law Commons^™

From Sex For Pleasure To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother,” the State extends its reach into women’s decision-making throughout their reproductive lifetime.

This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …

The Nebraska Transcript, Fall 2013, Vol. 46 No. 2

Nebraska Transcript

Dean’s Message, pg. 2

Faculty Updates

Profile: Richard Duncan, pg. 4

Profile: Glenda Pierce Retires, pg. 6

Faculty Notes, pg. 10

Schmidt Granted Tenure, pg. 20

Hurwitz Uses Computer Science Training, pg. 22

Sullivan Joins Civil Clinic Faculty, pg. 24

Feature:

College Opens Doors to New Clinical Experience, pg. 26

Around the College

Admissions: Introducing the Class of 2016, pg. 30

Poser Tours Air Force Base, pg. 33

CSO: Behind the Statistics, pg. 34

Levick’s Perry Fuller Program Lecture, pg. 38

Cline Williams Jurist in Residence:

Hon. Randall Rader, pg. 40

Pound Lecture Delivered by Levinson, pg. 42

Student Accolades, …

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 …

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 …

Copyright Small Claims, U.S. Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

It appears beyond dispute that under the current federal system small copyright claimants face formidable challenges in seeking to enforce the exclusive rights to which they are entitled. The Copyright Office therefore recommends that Congress consider the creation of an alternative forum that will enable copyright owners to pursue small infringement matters and related claims arising under the Copyright Act. In light of the state court tradition of referring to claims of modest economic value as “small claims,” many have adopted that term to reference the nature of the claims that are the focus of this Report, as does the …

How To Obtain Permission, United States Copyright Office

Copyright, Fair Use, Scholarly Communication, etc.

How to obtain permission to use or adapt a copyrighted work in the United States. One way to make sure your intended use of a copyrighted work is lawful is to obtain permission or a license from the copyright owner.

First step: Research copyright status

Next step: Contact copyright owner

Trying To Fit A Square Peg Into A Round Hole? Applying Air Law To Manned Commercial Spaceflight—The Case Study Of Curaçao, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In appraising applicable legislation and regulation to various types of flights using various types of aircraft in Curaçao, it will become clear that it will not be easy to apply this regime without much further ado to sub-orbital flights. While perhaps on individual aspects certain definitions used may prima facie relatively easily apply or be made to apply, the extended details of almost all of those regimes at some point or other would likely go astray of what would make sense with respect to sub-orbital flights.

It is not accidental therefore, that the FAA has chosen to start from the …

The Legislative Purposes And Intent Of The Common Levy In Nebraska’S Learning Community, Matthew L. Blomstedt

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this historical study was to establish the purposes and intent of the common levy in Nebraska’s learning community. The development of this unique regional educational structure consisting of eleven school districts in the Omaha, Nebraska metropolitan area is central to the study. The research detailed the context of the decisions made by the Nebraska Legislature to establish and implement the learning community law from 2005 and 2012. Specifically, the study focused on the establishment of a regional tax base, the common levy, as a response to boundary and finance instability that persisted in the Omaha area. The …

Building Upon Common-Pool Resource Theory To Explore Success In Transitioning Water Management Institutions, Christina M. Hoffman

School of Natural Resources: Dissertations, Theses, and Student Research

Nebraska, like many regions around the world, is faced with the challenge of adapting to a new era in water management. Increasing demands for water resources, mounting concerns over threatened and endangered species, and obligations to abide by interstate water allocation agreements have motivated Nebraska to revisit traditional water management approaches. However, although Nebraska’s water management institutions have undergone much change, little research exists on the influence these changes have had on the ability of water institutions to successfully manage water allocations. This research (1) qualitatively explores the perspectives and experiences of stakeholders in the overappropriated region of the Platte …

Beyond What? Beyond Earth Orbit? . . . ! The Applicability Of The Registration Convention To Private Commercial Manned Sub-Orbital Spaceflight, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Space Tourism: Where Are We Going and What Is Taking Us There? ... A. Space Tourism as the Newest Kid on the Block ... B. Conducting Sub-Orbital Operations with Aircraft or Space Objects ... C. Manned Sub-Orbital Spaceflight and the Requirement of Proper International Registration

II. Registration: As Aircraft or as Space Object? ... A. International, European, and U.S. Approaches to Regulating Sub-Orbital Spaceflight ... B. Applying the Registration Convention to Private Commercial Manned Spaceflight ... C. The Core Problem with Application of the Registration Convention to Sub-Orbital Flights

III. Back to Semantics: The Definitions of Beyond, Earth Orbit, …

The Nebraska Transcript, Spring 2013, Vol. 46 No. 1

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Faculty Profile: Craig Lawson 4

Ruser Helps with Kosovo Legal Education 6

Faculty Notes 8

Burkstrand-Reid Participates in TEDxUNL 18

Big Ten Faculty Colloquia/Endowed Speakerships 20

Feature:

Beyond the Walls of McCollum Hall: Collaborating to Enhance Student Experience, Education 22

Around the College

Clement: “The Roberts Court Comes of Age” 26

The Value of a Patent? 28

Sen. Ben Nelson Reflects 30

S.T.I.R. Talks 32

Trivia Night at the Gradwohls 34

Human Trafficking is Pervasive 36

Darrel Parker’s Wrongful Conviction 38

Nebraska Adopts Uniform Bar Exam 40

December Graduation & Family Tradition Ceremony 42

Our …

A Testament To Power: Mary Woolsey And Dolores Rodriguez As Trial Witnesses In Arizona's Early Statehood, Katrina Jagodinsky

Department of History: Faculty Publications

In 1913, two women made history when they testified before the all-white, all-male jury of the Superior Court of Yavapai County in the State of Arizona v. Juan Fernandez murder trial. Mary Woolsey, an elderly Yavapai widow, and Dolores Rodriguez, a Mexican single mother of three, established the legal precedent for allowing non-English-speaking, non-citizen women to testify in state courts in Arizona when many other western states still did not grant such privileges to indigenous residents. Woolsey and Rodriguez showed that Arizona's indigenous population were competent, if somewhat problematic, members of Arizona's body politic, and their historic involvement in the …

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

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

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 …

Much Ado About Authentication, Richard Leiter

Marvin and Virginia Schmid Law Library

Much can be said about how libraries are adapting and new ways that we can continue to adapt to the rise in importance of digital resources and services. But there is a unique challenge that law libraries face that this article will attempt to address: the problem of authenticating digital legal materials. This necessity of authenticating legal materials has been articulated many times. However, there may actually be no need for authentication at all.

The question of authentication is a very important one to answer because law libraries have the responsibility of providing accurate versions of primary legal materials. It …

Just Another Brick In The Wall: The Establishment Clause As A Heckler's Veto, Richard F. Duncan

Nebraska College of Law: Faculty Publications

"When rights are incorporated against the States through the Fourteenth Amendment they should advance, not constrain, individual liberty."'

Although the First Amendment explicitly protects individuals against only laws made by "Congress," the Supreme Court has long held that, under the Due Process Clause of the Fourteenth Amendment, the states are forbidden from "depriving" persons of the fundamental individual liberties protected by the First Amendment.' Thus, under the so-called doctrine of incorporation, a particular provision of the First Amendment (as well as of the rest of the Bill of Rights) "is made applicable to the states [only] if the Justices are …

Originalism’S Pretenses, Eric Berger

Nebraska College of Law: Faculty Publications

When conservatives in the 1980s offered originalism as a constitutional methodology that could limit perceived judicial excesses, they touted its ability to constrain judges to follow the Constitution’s fixed, original meaning. Though originalism has changed many times since, its proponents still generally preach these related virtues of fixation and constraint. This symposium contribution reviews recent scholarly developments in originalism and contends that originalism’s capacity to fix constitutional meaning and constrain judicial decision making is overstated in both practice and theory. In practice, originalism’s many variants provide the ostensibly originalist justice great interpretive flexibility. Originalist justices are methodologically inconsistent, offering an …

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 …

Law 799: Clinical Practice-Criminal—A Peer Review Of Teaching Project Benchmark Portfolio, Steven Schmidt

UNL Faculty Course Portfolios

This portfolio provides a broad overview of my teaching of Law 799. It not only gives the reader an understanding of the goals I have for the course, but also how I endeavor to reach those goals. Finally, through the use of student assessment, this portfolio provides insight as to whether my goals were reached and to what degree. Thus, the portfolio serves to inform me of areas needing improvement.

Cutting The Bread, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.

Maintaining The Master International Frequency Register, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present paper is the written elaboration of a presentation held under the same title at the workshop “International Regulations of Space Communications” held in Luxembourg on 24 and 25 May 2012. Consequently, the topic of this paper, the maintenance of the Master International Frequency Register as a key tool for allowing satellite communications to be a viable international sector of space activities, is viewed through the looking glass of the session title, “WRC-12 from the Perspective of International Telecommunications Law.”

In other words, it does not purport to deal with the actual details of maintaining the Register …

The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the overriding issues concerning private human spaceflight concerns how to properly regulate this specific new type of activity. Noting that in the discussion regarding regulation thereof usually the three distinct regimes of space law, air law and high-risk adventure tourism law are drawn upon to look for solutions, the present paper addresses the key elements of each of these approaches as they are to some extent already currently being applied and where, as a consequence, gaps and overlaps arise, as well as presents an effort to address the latter in a sensible, coherent, efficient and feasible manner.

Mixing U.S. And Dutch Approaches: Towards Curaçao’S Legislation On Private Commercial Spaceflight, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the more advanced projects to offer private commercial spaceflights concerns Curaçao, the Dutch island in the Caribbean, from where Space Expedition Corporation (SXC) aims to start launching such flights as of 2014 with vehicles to be developed by XCOR. Not only is the island still part of the Kingdom of the Netherlands, albeit as of recently as an autonomous “Land,” SXC is a company with its origins in the Netherlands, too. On the other hand, XCOR, which is going to wet lease its vehicles to SXC, is a US company, and its operations consequently will—to the extent applicable—(also) …

Outer Space Law Principles And Privacy, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When the space law era was ushered in during the late 1950s, it was already clear to some observers that, sooner or later, life on Earth would be monitored from a distance without those living on it necessarily knowing about it—Big Brother in optima forma.

At the same time, with space activities primarily being undertaken by the two superpowers and their acolytes for military/strategic/political purposes (and secondarily for scientific ones), such concerns largely focused on spying in the context of the Cold War. Satellites clearly were excellent tools for finding the whereabouts of the opponent’s tanks, troops, aircraft, warships, …

Crossing A Rubycon? The International Legal Framework For Isos—Before And After Privatization, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present chapter analyzes the activities of international satellite organizations (ISOs), former ISOs, and private satellite operators from the perspective of the four principal international space law treaties, consisting of the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention, and the Registration Convention. In addition, it considers a United Nations Resolution dealing specifically with Direct Broadcasting by Satellite, as it is one of the major categories of activities that international satellite organizations such as INTELSAT and EUTELSAT have traditionally undertaken, as well as the International Telecommunication Union (ITU), which oversees the international regime developed to deal with …

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 …

Biodiversity Heritage Library, Smithsonian Institution Libraries, Deanna Marcum

Copyright, Fair Use, Scholarly Communication, etc.

The Biodiversity Heritage Library (BHL), created in 2006, is the result of a collaboration of ten natural history museum and botanical garden libraries seeking to digitize core taxonomic literature and to make it free and openly available throughout the world. Today, the BHL includes fifteen member institutions whose efforts have shaped a collection of over 60,000 titles. It is supported through a combination of membership dues, in-kind support from member institutions, contributions from the user community, and direct support from the Smithsonian Institution Libraries, and it reaches tens of thousands of users each year. While managing the complex partnership has …