Law Commons^™

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

Under G-D, Dereck Daschke

Journal of Religion & Film

This is a film review of Under G-d (2022), directed by Paula Eiselt.

Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen

Theses/Capstones/Creative Projects

The maintenance of prosocial relationships has been strongly connected to criminal desistance among past offenders. The opinions held by the community shape the prejudice often encountered by those with a criminal record. To promote desistance, we must understand how criminals and their abilities are considered by the public. In this study, 69 college students were surveyed about the United States prison and parole system in conjunction with Dweck’s mindset theory. Along with explicit questions, an Implicit Associations Test (IAT) was employed to measure unconscious associations between mentality and punishment preference. The IAT revealed that traits of a growth mindset were …

Analyzation Of Audit Procedures In The Wake Of The Early 2000s Accounting Scandals, Zachary Byar

Theses/Capstones/Creative Projects

Enron, WorldCom, and Tyco International were companies that operated in different industries and had different levels of net profit for decades. However, these companies had one pivotal thing in common: accounting fraud. In the early 2000s, accounting scandals from large companies created a major impact on the financial markets, causing Congress to take action to increase investor protection through the origination of the Sarbanes-Oxley Act of 2002. The Act was meant to restore investor confidence through strengthened disclosures and auditing requirements for public corporations. However, even with the creation of this new Act from Congress, fraud is still prevalent today, …

Agatha Christie: A Look Into Criminal Procedure And Gender, Carmella Monico

Theses/Capstones/Creative Projects

With 2020 being the 100^th year since Agatha Christie’s first novel, The Mysterious Affair at Styles, was published, it seems fitting to celebrate such an accomplished author with a deeper look into the inner workings of her novels. While she wrote mystery novels that involved many detectives, the two most popular are Hercule Poirot and Miss Marple. This paper will examine these two detectives in regard to the criminal procedure each uses to solve their respective cases. Would her detectives’ work hold up in court then or even today? Additionally, the difference in gender between Poirot and Marple …

When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson

Theses/Capstones/Creative Projects

Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.

Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and …

Disparities In Oral Health: Socioeconomic Status And Policies To Increase Access To Primary Dental Care, Mckenzie Nutter

Theses/Capstones/Creative Projects

Primary dental care is a patient-centered service consisting of routine dental checkups. The oral cavity is the first point of entrance to the body for many harmful pathogens. Therefore, primary dental care is essential to not only prevent and treat conditions in the mouth, but to also reduce the number of systemic diseases in the rest of the body. However, people with higher incomes or wealth have increased access to primary dental care. People with low socioeconomic status have decreased access to primary dental care, at least in part due to difficulties in paying for separate dental insurance. Disparities in …

From Simple To Sophisticated: The Organization Of Terrorist Groups, Michael K. Logan

Student Work

This dissertation draws on gang organization research and organizational theory to assess the underlying dimensions of organization in terrorist groups. Using the Leadership for the Extreme and Dangerous for Innovative Results (LEADIR) dataset, findings suggest that organization is a multidimensional construct in terrorist groups, including the structuring of activities dimension and the concentration of authority dimension. In relation to violence, terrorist groups high on the structuring of activities dimension were significantly more lethal in general and more lethal when attacking hard targets, whereas terrorist groups high on the concentration of authority dimension attacked hard targets at a significantly higher rate. …

The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson

Theses/Capstones/Creative Projects

The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …

Law Enforcement, Public Opinion, The Media, And Its Effects, Aaron Borcyk

Theses/Capstones/Creative Projects

The United States Bureau of Labor Statistics estimates that, in 2018, law enforcement workers made up about .8% of the country’s workforce. Given that they make up such a large percentage of the workforce plus the extreme public visibility of the profession by nature, law enforcement is a highly discussed topic. After the controversial officer-involved shootings of Michael Brown, Walter Scott, and Freddie Gray between 2014 and 2016 the credibility and integrity of law enforcement came into question. Law enforcement is depicted on many media platforms in many different ways; The current research leverages qualitative data obtained from in-depth oral …

Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. Mcbride

Theses/Capstones/Creative Projects

Scholars have made strides to illuminate the scope and nature of human trafficking, but there have been minimal efforts to inform responses to victims. Importantly, if we do not address the issues that made people vulnerable in the first place, then they could be susceptible to re-victimization in the future. It is vital then that treatment agencies are available and engaging in effective practices to maximize recovery efforts. Thus, the current study examined treatment providers in the United States in two stages to determine how they respond to victims of these crimes. In the first stage, a systematic literature review …

Cryptocurrencies: An Overview, Investment Investigation, Comparative Analysis, And Regulatory Proposals, Jacob Franzen

Theses/Capstones/Creative Projects

With cryptocurrencies moving out of obscurity and into the public eye, the initial purpose of this research paper is to provide the history of cryptocurrencies, to explain the complex workings in and around cryptocurrencies, investigate their investment potential, and to draw attention to their potential for misuse. To follow, the primary purpose is to create a platform on which to compare cryptocurrencies with more common mediums of exchange, analyze their current international regulatory climate, highlight their trends within influential nations, discuss their pending and future regulation, and provide personal proposals for additional regulation. Due to the complex nature of the …

Executive Authority And Free Speech: An Analysis On The Restraints Of Presidential Power, Leta Lohrmeyer

UNO Student Research and Creative Activity Fair

This analysis examines the implications of social media platforms in connection to free speech and presidential power. Specifically, this study will be drawing on a precedent legal case, Knight First Amendment Inst. v. Trump (2019) along with other cases that are relevant to this paper. This research is contributing to the literature by exploring the topic of how developing technology is influencing political communication. Results support the idea that the definition of public forum needs to be expanded and updated to include social media. Theoretical consequences for the role of social media in connection to executive authority and First Amendment …

The Fight, Rubina Ramji

Journal of Religion & Film

This is a film review of The Fight (2020), directed by Elyse Steinberg, Josh Kriegman, and Eli Despres.

Cryptocurrency Taxation: Suggested Revisions On Current Treatment, Joe Wilwerding

Theses/Capstones/Creative Projects

The current tax regulations applied to cryptocurrencies are inappropriate. The initial purpose of Bitcoin, the most popular cryptocurrency, was to circumvent the fraud associated with using credit and debit cards for e-commerce. Simply put, cryptocurrencies can be thought of as cash for the internet. The Internal Service Revenue acknowledged its use as a unit of account, store of value, and medium of exchange (the definition of a currency). Despite its function as a currency, and the IRS’s acknowledgement of this function, the new asset has been designated as property for tax purposes. Property transactions are generally taxed on realized gains. …

Clinical Decision Making: A Case Study Of The Effects Of Evidence Based Medicine And Past Empirical Experience In The Emergency Department, Olivia Zeman-Renner

Theses/Capstones/Creative Projects

With a growing number of medical malpractice suits and the passage of policy that focuses on patient advocacy, an emphasis has been placed on research regarding the decision-making processes of physicians in everyday practices. Over the past decades, scholars have looked to specific clinical decision-making philosophies, how they can be implemented into practice, and the effects of such implementation, but little research has been done into the culmination of decision-making philosophies on a day-to-day basis. By focusing on single-case study of a Midwestern Emergency Department and asking Attending physicians to self-report their decision-making philosophies, this study serves as a transition …

From Swaddling To Swastikas: A Life-Course Investigation Of White Supremacist Extremism, Steven Windisch

Student Work

To date, most terrorism research concerned with the long-term development of extremist behavior focuses on patterns of terrorist attacks, long-term responses to extremist violence or organizational longevity of extremist groups. The current study addresses this void in the existing literature by relying on life-history interviews with 91 North American-based former white supremacists to examine the developmental conditions associated with extremist onset. My attention is primarily focused on individual-level experiences; particularly how childhood risk factors (e.g., abuse, mental illness) and racist family socialization strategies generate emotional and cognitive susceptibilities toward extremist recruitment. This type of investigation contributes to terrorism research by …

Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker

UNO Student Research and Creative Activity Fair

An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to …

Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen

Journal of Curriculum, Teaching, Learning and Leadership in Education

While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia …

Judge Consistency In Criminal Sentencing, Emma Lindemeier, Paul Landow

Theses/Capstones/Creative Projects

The United States’ Constitution provides certain protections for those accused of a crime, including proportionate punishment and the right to an attorney. There are sentencing guidelines in place, as well as appointed-counsel systems to ensure that everyone receives these protections when accused of a crime. Some research has shown that the type of counsel present at sentencing may affect the outcome of sentencing, although, the research on the topic is conflicting. Race is another variable that has been found to play into the role of sentencing, as well as gender and age. Other studies have suggested that the differences in …

The Representation Of Female Victims In Front-Page News Stories: The Effect Of Race/Ethnicity, Danielle C. Slakoff

Student Work

My dissertation examines how white, black, and Latina female victims are differentially portrayed in front-page newspaper stories. I hypothesized there would be differences across the three groups in 1) the total number of front-page stories, 2) coverage intensity and use of photographs, 3) presence of unsympathetic and sympathetic themes in newspaper stories, and 4) overall story narratives. To test my expectations, I examined front-page newspaper stories about female victims from seven widely-circulated U.S. newspapers from the calendar year 2006 with a mixed-methods approach. I found more front-page stories about white female victims than black and Latina female victims. In addition, …

University Of Nebraska At Omaha 2018-2019 Course Catalog, University Of Nebraska At Omaha

Undergraduate Catalogs

Located in one of America’s best cities to live, work and learn, the University of Nebraska at Omaha (UNO) is Nebraska’s premier metropolitan university. With more than 15,000 students enrolled in 200-plus programs of study, UNO is recognized nationally for its online education, graduate education, military friendliness, and community engagement efforts.Founded in 1908, UNO has served learners of all backgrounds for more than 100 years and is dedicated to another century of excellence both in the classroom and in the community.

University Of Nebraska At Omaha 2017-2018 Course Catalog, University Of Nebraska At Omaha

Graduate Catalogs

The University of Nebraska Omaha (UNO) is a premier metropolitan university that combines the resources of a doctoral research institution with a thriving community in the heart of Omaha.

With a global reach and vision, UNO is large enough to provide opportunities students seek, yet personal enough to include the mentorship they need to achieve academic excellence, creativity, and engaged learningat competitive tuition rates.

UNO is committed to and engaged with the city surrounding it, allowing students unique hands-on opportunities, internships, service learning,applied research, and other collaborative activities that enhance time in the classroom.

This is the ”O” we want …

Rape And Mental Health Outcomes Among Women: Examining The Moderating Effects Of “Healthy” Fear Levels, Ryan E. Spohn, Emily M. Wright, Johanna C. Peterson

Criminology and Criminal Justice Faculty Publications

This study examined the mediating and moderating impact of fear of victimization on the relationships between forcible and vicarious rape on depression and PTSD among college women. Forcible and vicarious rape positively affected PTSD and depression symptomology, but fear did not mediate these relationships. Fear moderated the impact of forcible rape on PTSD, but was not a moderator for depression. Findings suggest that there may be “healthy” levels of fear in the aftermath of victimization where having too little fear may leave women unnecessarily vulnerable to victimization, while having too much fear may lead to social isolation and withdrawal.

Predicting Outcomes In Investment Treaty Arbitration, Susan Franck, Lindsey Wylie

Academic Publications

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …

Proposing A Pedigree Risk Measurement Strategy: Capturing The Intergenerational Transmission Of Antisocial Behavior In A Nationally Representative Sample Of Adults, Joesph A. Schwartz, Eric J. Connelly, Kevin M. Beaver, Joseph L. Nedelec, Michael G. Vaughn

Criminology and Criminal Justice Faculty Publications

An impressive literature has revealed that variation in virtually every measurable phenotype is the result of a combination of genetic and environmental influences. Based on these findings, studies that fail to use genetically informed modeling strategies risk model misspecification and biased parameter estimates. Twin- and adoption-based research designs have frequently been used to overcome this limitation. Despite the many advantages of such approaches, many available datasets do not contain samples of twins, siblings or adoptees, making it impossible to utilize these modeling strategies. The current study proposes a measurement strategy for estimating the intergenerational transmission of antisocial behavior (ASB) within …

Changing Times In School Law - Introduction, Jeanne L. Surface, David Stader, Anthony Armenta

Educational Leadership Faculty Publications

As 2012 came to a close, the re-election of President Obama assures the continuation of state waivers to No Child Left Behind (NCLB), the use of student growth modeling to make teacher and administrator employment decisions, and more accountability measures for PK-12 public schools and public and private institutions of higher education. The inexplicable school shootings at Sandy Hook Elementary in Newtown, Connecticut, once again opened the political discussion about school safety. The reauthorization of Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) looms on the horizon. The U.S. Supreme Court has once again ventured into the divisive affirmative …

Closing The Loop: "The Promise And Threat Of The Sacred" In Rian Johnson’S Looper, Brian W. Nail

Journal of Religion & Film

This article examines the ways in which Rian Johnson’s recent film Looper (2012) portrays the complex relationship between violence and the sacred in contemporary society through its exploration of the theme of retribution. Utilizing René Girard’s theory of sacrifice and Roberto Esposito’s explication of the immunitary logic of the sacred, this study argues that the film reveals the double nature of the sacred as a source of both life and death within society. Through an examination of crucial elements of Looper’s plot and setting, and in particular its enigmatic climax, I argue that as a religious film, Looper challenges its …

This Is Martin Bonner, Jeanette Reedy Solano

Journal of Religion & Film

This is a film review of This is Martin Bonner (2013) directed by Chad Hartigan.

Online Copyright Protection And Innovation International Experiences And Implications To China, Dexin Tian, Chin-Chung Chao

Communication Faculty Publications

Purpose – This study aims to explore the policy-making mechanism of the Organisation for Economic Co-operation and Development (OECD) on innovation and the US practice in identifying policies on online copyright protection and innovation. The research findings provide valuable implications for emerging economies like China.

Design/methodology/approach – For data collection, this study adopted field observation of online interactions. Guided by the democratic paradigm of the civil society, state, and market and the theory of the government’s roles as a broker, advocator, and facilitator, thematic analysis was applied to analyze the 150 purposively selected comments of US internet stakeholders for emerging …