Law Commons^™

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

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

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez

Honors Theses

In accordance with Rule 29 of the Federal Rules of Appellate Procedure, this amicus curiae is submitted in the defense of Walsh and the Department of Labor in releasing the prudence and loyalty in selecting plan investments and exercising shareholder rights rule in November of 2022. These brief mainly focuses on the arbitrary and capricious standard, the major questions doctrine, and the legal standing the Department of Labor has to issue rules that apply to the Employee Retirement Income Security Act of 1974.

Pathways To Preferences For Collaborative Conflict Resolution: Disputants’ Process Goals Drive Preferences, Ashley Votruba, Jared Noetzel, Abigail L. Herzfeld

Department of Psychology: Faculty Publications

Understanding individuals’ preferences for how to resolve conflict—specifically legal disputes—has long interested researchers, particularly those considering procedural justice. This study considers the impact of relational factors that influence individuals’ preferences for dispute resolution processes for civil legal issues. Specifically, it examines the impact of self-construal and the relationship between the parties in conflict on preferences for specific features of dispute resolution processes and considers the role of underlying resolution goals as potential mediators in a parallel mediation model. Using a novel paradigm in which the outcome variables of interest focused on specific dispute resolution process features allowed the researchers to …

“Born Under My Heart”: Adoptive Parents’ Use Of Metaphors To Make Sense Of Their Past, Present, And Future, Lucas Hackenburg, Toni Morgan, Eve Brank

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

Metaphors provide the opportunity to make sense of our experiences and share them with others. The current research qualitatively examined interviews with adoptive parents who had adopted through intercountry or private adoptions. Throughout their interviews, each participant used at least one metaphor in describing their experiences of adopting and raising their child. Overarchingly, the metaphor of “Adoption is a journey” encapsulated parents’ experiences. To demonstrate the journey, parents used metaphors to describe the past, present, and future. Metaphors of the past focused on their child’s trauma and the origin of how the child came to join their family. Metaphors used …

Guidance On Presidential Records By The National Archives And Records Administration, David S. Ferriero

Copyright, Fair Use, Scholarly Communication, etc.

How the Presidential Records Act Affects the President, Vice President, and White House Staff During the Administration

Overview

The Presidential Records Act (PRA) of 1978, as amended, 44 U.S.C. §§ 2201-2209, governs the official records of Presidents and Vice Presidents created on or received after January 20, 1981. The PRA changed the legal ownership of the official records of the President from private to public.

The PRA established a new statutory structure under which Presidents must manage their records. The Presidential Records Act:

 Defines and states public ownership of the records;

 Places the responsibility for the custody and …

Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston

Lisa PytlikZillig Publications

The primary purpose of this report is to provide a descriptive and technical summary of the results from similar surveys administered in fall 2014 (n = 576), 2015 (n = 301), 2016 (ns = 1946 and 2089), and 2018 (n = 1050) and summer 2019 (n = 1300). In order to explore a variety of factors that may impact public perceptions of unmanned aerial technologies (UATs), we conducted survey experiments over time. These experiments randomly varied the terminology (drone, aerial robot, unmanned aerial vehicle (UAV), unmanned aerial system (UAS)) used to describe the technology, the purposes of the technology (for …

Evaluating The Facilitating Attuned Interactions (Fan) Approach: Vicarious Trauma, Professional Burnout, And Reflective Practice, Katherine Hazen, Matthew W. Carlson, Holly Hatton-Bowers, Melanie Fessinger, Jennie Cole-Mossman, Jamie Bahm, Kelli Hauptman J.D., Eve Brank, Linda Gilkerson

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

Background: This evaluation examined the use of the Facilitated Attuned Interaction (FAN) approach to reflective practice among child welfare and early childhood professionals working with vulnerable children and families.

Objective: The aims of the current evaluation were to test (a) the role of vicarious trauma in predicting professional burnout, (b) the effect of reflective practice quality in decreasing professional burnout, and (c) the ability of reflective practice quality to lessen the relationship between vicarious trauma and professional burnout.

Participants and Setting: The sample included sixty-three professionals across diverse professions including child welfare social workers, early childhood educators, and child welfare …

Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank

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

Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long

Department of Homeland Security

In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …

Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson

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

• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).

• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).

• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).

• Team meetings between parents and court professionals include discussion about parents’ progress …

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not every problem …

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

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

The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private and …

How People Make Sense Of Drones Used For Atmospheric Science (And Other Purposes): Hopes, Concerns, And Recommendations, Janell C. Walther, Lisa M. Pytlikzillig, Carrick Detweiler, Adam L. Houston

Lisa PytlikZillig Publications

Unmanned aerial systems (UAS) can advance understanding of the atmosphere and improve weather prediction, but public perceptions of drone technologies need to be assessed to ensure successful societal integration. Our qualitative study examines public perceptions of UAS technology, and the associated risks and benefits, for such civilian purposes. We examine how people form perceptions, and discuss the implications of these perceptions for UAS design and regulation. Our study finds the public to be favorable toward UAS used for “noble” purposes. Participant views are informed by popular media, personal experiences, comparisons between technologies, and consideration of the trustworthiness of the users, …

A Drone By Any Other Name: Purposes, End-User Trustworthiness, And Framing, But Not Terminology, Affect Public Support For Drones, Lisa M. Pytlikzillig, Brittany Duncan, Sebastian Elbaum, Carrick Detweiler

Lisa PytlikZillig Publications

Projections indicate that, as an industry, unmanned aerial vehicles (UAVs, commonly known as drones) could bring more than 100 000 jobs and $80 billion in economic growth to the U.S. by 2025 [1]. However, these promising projections do not account for how various publics may perceive such technologies. Understanding public perceptions is important because the attitudes of different groups can have large effects on the trajectory of a technology, strongly facilitating or hindering technology acceptance and uptake [2].

To advance understanding of U.S. public perceptions of UAV technologies, we conducted a nationwide survey of a convenience sample of 877 Americans …

Lnk Market Community Conversations, Lisa M. Pytlikzillig, Usda Value Added Producer Grant Steering Committee

Lisa PytlikZillig Publications

This report details the procedures and results from two public engagements conducted around the possibility of a year-round public market that might be situated in or near Lincoln’s downtown area. The purpose of these engagements was to uncover and explore the range of responses, hopes, concerns, and perceived benefits, barriers, and facilitators of a year-round Lincoln market.

A multi-pronged approach was used in which recruitment survey responses from about 135 persons was combined with pre-post surveys and in-depth conversations with 60 persons as shown in Figure 1.1.

The final report includes all three strands of information: from the recruitment surveys, …

Deliberative Public Engagement With Science: An Empirical Investigation, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Frank J. Gonzalez, Alan Tomkins

Lisa PytlikZillig Publications

The purpose of this book is to share some results and the data from four studies in which we used experimental procedures to manipulate key features of deliberative public engagement to study the impacts in the context of deliberations about nanotechnology. In this chapter, we discuss the purpose of this book, which is to advance science of public engagement, and the overarching question motivating our research: What public engagement methods work for what purposes and why? We also briefly review existing prior work related to our overarching goal and question and introduce the contents of the rest of the book. …

Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins

Lisa PytlikZillig Publications

Deliberative (and educational) theories typically predict knowledge gains will be enhanced by information structure and discussion. In two studies, we experimentally manipulated key features of deliberative public engagement (information, instructions, and discussion) and measured impacts on cognitive-affective engagement and knowledge about nanotechnology. We also examined the direct and moderating impacts of individual differences in need for cognition and gender. Findings indicated little impact of information (organized by topic or by pro-con relevance). Instructions (prompts to think critically) decreased engagement in Study 1, and increased it in Study 2, but did not impact postknowledge. Group discussion had strong positive benefits for …

A Longitudinal And Experimental Study Of The Impact Of Knowledge On The Bases Of Institutional Trust, Lisa M. Pytlikzillig, Christopher D. Kimbrough, Ellie Shockley, Tess M.S. Neal, Mitchel Herian, Joseph A. Hamm, Brian H. Bornstein, Alan Tomkins

Lisa PytlikZillig Publications

This study examined a knowledge-centered theory of institutional trust development. In the context of trust in water regulatory institutions, the moderating impact of knowledge was tested to determine if there were longitudinal changes in the bases of institutional trust as a function of increases in knowledge about a target institution. We hypothesized that as people learn about an institution with which they were previously unfamiliar, they begin to form more nuanced perceptions, distinguishing the new institution from other institutions and relying less upon their generalized trust to estimate their trust in that institution. Prior to having specific, differential information about …

Parental Blame Frame: An Empirical Examination Of The Media's Portrayal Of Parents And Their Delinquent Juveniles, Ashley Wellman, Eve Brank, Katherine Hazen

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

The most recent study discussed in this article examines how the media report issues of parental responsibility and blame regarding acts of juvenile delinquency. To accomplish this goal, we examined the frequency, context, and framing of parental responsibility in local and national print media via two content analyses. The results demonstrate that national media sources depict the notion of parental responsibility, whereas local media stories rarely mention parents. The national stories offer distant, more global statements of parental responsibility, while the local, specific stories tend to avoid any parental blame. The findings in this paper mirror public opinion polls that …

Applying Motivational Interviewing To Parenting Act Mediation: The Promise Of The Process., Kristen M. Blankley, Lisa M. Pytlikzillig, Kathryn Speck

Lisa PytlikZillig Publications

Motivational Interviewing (MI) is a research-based method of helping people engage in behavior change. MI tools and strategies have been used successfully to help people tackle drug and alcohol addiction, weight loss, and other unhealthy behaviors. MI methods aim to uncover and support a person's desire to change while simultaneously respecting an individual's autonomy. Historically, Ml has been employed in support settings, such as counselors working with clients. In Nebraska, probation officers now employ MI practices to help encourage positive changes while still maintaining accountability if people choose not to follow the terms of their probation.

Mediation is all about …

Structure And Service Delivery Approach Of The Children’S Bureau’S Resource Centers And Implementation Centers, Tammy Richards, Michelle Graef, Kathy Deserly, Peter Watson, Mark Ells

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

The Children’s Bureau (CB) provides a system of training and technical assistance (T/TA) to build the capacity of state and tribal child welfare systems, with the goal of improving outcomes for children and families. During the time period of 2008-2014, this infrastructure included ten National Child Welfare Resource Centers (NRCs), five Child Welfare Implementation Centers (ICs), and a Training and Technical Assistance Coordination Center (TTACC). Individual ICs and NRCs differed in structure and content expertise, yet they served the same jurisdictions and at times provided services concurrently. To increase cohesion and consistency, the NRCs, ICs, TTACC, and CB worked together …

Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Janell C. Walther, Jake Kawamoto

Lisa PytlikZillig Publications

Between June and August of 2017, a satisfaction survey was completed by more than 1,200 randomly-selected Lincolnites (a random sample, yielding confidence intervals ranging from +/- 1-3% for the full sample, and +/- 2-8% at the district level, at the 95% confidence level1). Listed below are the main findings from that survey, including those obtained from examining the overall sample, and from comparisons among Lincoln’s four City Council Districts.

Overall Satisfaction Ratings

• On average, Lincoln residents reported greater satisfaction than dissatisfaction with most City services in 2017. The average levels of satisfaction were significantly above 3.0 (neutral) for 20 …

Taking Charge 2016: A Study Of The Strategic Budgeting Priorities Of The Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Addison Fairchild

Lisa PytlikZillig Publications

This report presents the results of the 2016 Taking Charge initiative sponsored by the City of Lincoln. This initiative included an online survey and a half-day, face-to-face, Community Conversation. Most previous Taking Charge activities have focused more narrowly on the immediate concerns of an impending budget proposal (e.g. which specific programs should be funded or discontinued to maintain a balanced budget). This year’s efforts also focused on specific items relevant to the City’s future budget policy priorities. As usual, residents were also given the opportunity to rate the City’s performance and City officials on a variety of performance characteristics.

A …

Climate Change Survey Measures: Exploring Perceived Bias And Question Interpretation, Tarik Abdel-Monem, Lisa M. Pytlikzillig, Tonya K. Bernadt, Nicole Wall

Lisa PytlikZillig Publications

Climate change has become an important yet politically divisive topic in recent years. Further complicating the issue are assertions that climate change– related public opinion surveys used by social scientists are biased or otherwise problematic. We conducted a pilot study to explore questions concerning bias and interpretation of climate change surveys. Our study sample was composed of adult residents of Nebraska (n = 115). We augmented our survey findings with cognitive interviews of a subsample of respondents (n = 20). We assessed study participants’ attitudes about climate change, and perceptions of bias and interpretation of survey questions drawn from previously …

Accreditation Issues In Faculty Of Law Of Nigerian Universities: Imperatives For Law Libraries, Laws And Statutes., Oliver Theophine Onwudinjo Dr, Chukwuma Obiora Nwosu Professor, Cyprain I. Ugwu Dr

Library Philosophy and Practice (e-journal)

The study investigated the development of laws and statutes (local and foreign) collections, an accreditation requirement in the South East Universities in relation to the Council of Legal Education standards. The scope consists of 34 titles of local and foreign laws and statutes listed by Council of Legal Education as accreditation bench mark and involves seven law faculty libraries in the universities South East Geopolitical zone of Nigeria that offer law programme. The instrument for data collection was the standard check list released by Council of Legal Education. This check list was found appropriate and adopted for this study. Two …

The Verdict Is In: Judge And Administrator Perceptions Of State Court Governance, Christopher D. Kimbrough, Mitchel Herian, David B. Rottman, Brian H. Bornstein, Alan Tomkins

Alan Tomkins Publications

The court unification movement has progressed in fits and starts over the decades. Recent proposals have been put forth that attempt to continue the move toward a state court structure that utilizes a more coherent approach to governance. Drawing on a survey of court personnel who were asked about a set of proposed governance principles, this article examines how state court judges and administrators view their roles and responsibilities in the court system, the current need for court reform, the importance of future trends, and whether they are confident in the performance of their respective court system. Three hundred and …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

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

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

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

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 …