Law Commons^™

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

Why School Choice Is Necessary For Religious Liberty And Freedom Of Belief, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The government school monopoly for funding K–12 education creates a coercive system that commandeers a captive audience of impressionable children for inculcation in secular ideas, beliefs, and values concerning matters of truth, moral character, culture, and the good life. The brutal bargain imposed on parents by this monopoly requires them to choose between the single largest benefit most families receive from state and local governments and educating their children in a curriculum that is consistent with the preferred educative speech of the parents. To choose the latter is to sacrifice hundreds of thousands of dollars of tax-funded support for K–12 …

Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: The Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

A “Hired Girl” Testifies Against The “Son Of A Prominent Family”: Bastardy And Rape On The Nineteenth-Century Nebraska Plains, Donna Rae Devlin

Department of History: Faculty Publications

In Red Cloud, Nebraska, in 1887, Anna “Annie” Sadilek (later Pavelka) pressed bastardy charges against the “son of a prominent family,” even though she could have, according to her pretrial testimony, pressed charges for rape. To the literary world, Sadilek is better known as Ántonia Shimerda, the powerful protagonist in Willa Cather’s 1918 novel, My Ántonia. However, it is Sadilek’s real-life experience that allows us to better understand life on the Nebraska Plains, specifically through an examination of the state’s rape laws and the ways these laws were subsequently interpreted by the courts. The Nebraska Supreme Court, between 1877 …

Audiovisual Metadata Platform Pilot Development (Amppd), Final Project Report, Jon W. Dunn, Ying Feng, Juliet L. Hardesty, Brian Wheeler, Maria Whitaker, Thomas Whittaker, Shawn Averkamp, Bertram Lyons, Amy Rudersdorf, Tanya Clement, Liz Fischer

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the experience and findings of the Audiovisual Metadata Platform Pilot Development (AMPPD) project, which has worked to enable more efficient generation of metadata to support discovery and use of digitized and born-digital audio and moving image collections. The AMPPD project was carried out by partners Indiana University Libraries, AVP, University of Texas at Austin, and New York Public Library between 2018-2021.

Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson

Truth & Reconciliation History Project

A bibliography of resources about the history in Nebraska of Native Americans, African Americans, Latinos, Asian Americans and Recent Refugees

We hope that these five bibliographies will prove fruitful in helping us to understand what our history has been, where we have gone astray, and what we can do to help bring about reconciliation in our community and in our state.

The discovery of what has happened in Nebraska in the last hundred and seventy years is not an easy task, but it is our goal in putting together this bibliography to begin that task. By putting together a picture …

Addressing The Harms Of Pornography, Gillian Allison

Honors Theses

Within this paper I look at the existing philosophical work on pornography, from scholars like Catherine MacKinnon, Ronald Dworkin, and Rae Langton to show the current state of the pornography debate that I intend to enter by presenting my own argument about the morality of pornography. I argue that while pornography is harmful, these harms are best resolved through increased sexual education and the popularization and production of more inclusive pornography. The harms pornography causes are so great because pornography is where a lot of people learn about sex. Pornography was never designed to depict an average sexual experience. If …

Fiqh On Finance: A Scientometric Analysis Using Bibliometrix, Aam Slamet Rusydiana, Aisyah As-Salafiyah, Yulizar Djamaluddin Sanrego, Lina Marlina

Library Philosophy and Practice (e-journal)

This study aims to determine the development and trend map of fiqh on finance published by Scopus-indexed journals in the theme of Islamic economics and finance. The data analyzed were 547 publications of document publications. The export data is then processed and analyzed using the R Bibliometrix application program to find out the bibliometric map of the fiqh on finance research development. The results showed that the number of publications on fiqh’s theme on finance experienced a significant increase. The results show that the most popular journal is the International Journal of Islamic and Middle Eastern Finance …

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …

Does My Vote Count? Analyzing The Motivations Of American Voters And The Obstacles They Face, Kalika Mahato

Honors Theses

One of the most indispensable rights Americans are promised is the opportunity to vote at the polls. After the women’s suffrage and civil rights movements, all American citizens above 18 and who haven’t committed a felony have the right to vote. The election process in America is viewed by many as egalitarian. However, upon a rudimentary examination into the election process, it becomes clear that this equality that America promotes is consistently at battle with classism and hierarchy. Every election, thousands of eligible voters do not vote because of inadequate information and support, barriers in the process, and other forms …

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.

An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar

Library Philosophy and Practice (e-journal)

Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …

Examining Internet Usage Patterns On Socio-Economic Benefits Of Marginalised Communities: The Case Of Community Information Centres In Ghana, Stephen Bekoe, Kodjo Atiso, Daniel Azerikatoa Ayoung, Lucy Dzandu, Kennedy Kubuga Kumangkem

Library Philosophy and Practice (e-journal)

In this paper, we explore the socio-economic effects of internet use at the community information centres (CICs) on livelihoods in three regions of Ghana. Sustainable livelihood framework was used as a lens to understand the phenomena being studied. Primary and secondary data collection methods were used. Three CICs in three regions were purposively selected and qualitative research method was adopted for the study. The data were analysed using Nvivo. The findings showed that sending email information was largely the reason why people used the Internet. We found that through the Internet, people learn, develop new business ideas and expand the …

Education Institutions Creation Of Partnerships, Iwasan D. Kejawa Ed.D

Department of Educational Administration: Faculty Publications

This issue is embracing the creation of partnerships with establishments worldwide for the provisions of life embodiments to graduates. At moment, there may be lack of friendship or partnership with establishments to create incentives for newly graduates of so many colleges and universities (Hirsh & Weber, 1999). Partnership with external companies will surely bring enormous grants to the colleges and universities and it will also encourage friendly establishments to provide incentives and perks to colleges, universities and alumni. It may be concluded that the advantages of creating rapport with external congruences is the comraderies and also compromises that will be …

Psychological Ways Of Expressing Appreciations, Experiences, Thanks And Blessings In The Society, Iwasan D. Kejawa Ed.D

Department of Educational Psychology: Faculty Publications

ABSTRACT: Research has shown that one of the avenues to make aware of once experiences, appreciations and blessings is through writing a gratitude journal or memoir. By journalizing our thought by hands or electronically, it may help us focus them, according to psychologist Robert Emmons, who says that he does this routinely to remind himself; it makes apple of time to understand the meaning and importance of people and events. It has been found that one should go for a depth in writing rather than breadth, because this will help one to enjoy what one appreciates, and what to keep …

Changing Publishing Ecologies: A Landscape Study Of New University Presses And Academic-Led Publishing: A Report To Jisc, Janneke Adema, Graham Stone, Chris Keene

Copyright, Fair Use, Scholarly Communication, etc.

Introduction

A new wave of university presses is emerging. Common characteristics are that they are open access (OA), digital first, library-based, and they often offer a smaller set of services than a traditional publisher, blurring the line between publisher and platform. In tandem, a small but notable number of academics and researchers have set up their own publishing initiatives, often demonstrating an innovative or unique approach either in workflow, peer review, technology or business model.

These new publishing initiatives have a potentially disruptive effect on the scholarly communication environment, providing new avenues for the dissemination of research outputs and acting …

Historical Analysis: Tracking, Problematizing, And Reterritorializing Achievement And The Achievement Gap, Justin Olmanson, Zoe Falls, Guieswende Rouamba

Department of Teaching, Learning, and Teacher Education: Faculty Publications

For more than a century, state and federal governments and organizations have used different measures to determine if students and groups of students have achieved in a particular subject or grade level. While the construct of achievement is applied irrespective of student differences, this equal application turns out to be anything but equitable. In this chapter, we work to understand the way achievement plays out for Black students by deconstructing how the word achievement works. In doing so, we track the history of education, testing, and curriculum as it has been applied to Black youth and youth of color.

Publishing Information For Authors, Paul Royster, Sue Ann Gardner, Linnea Fredrickson

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Publishing: What Authors Ought to Know, by Paul Royster

Copyright for Scholarly Authors, by Sue Ann Gardner

Mechanics of the Manuscript: What Happens Next? by Linnea Fredrickson

Hist 340: American Legal History—A Peer Review Of Teaching Project Inquiry Portfolio, Katrina Jagodinsky

UNL Faculty Course Portfolios

This inquiry portfolio measures the success of revisions made to HIST 340: American Legal History after a previous benchmark portfolio revealed a number of problems in communicating to students the importance and meaning of the course objectives, in correlating assessments to the final grade, and in documenting student learning and quality of instruction. The findings, outlined below, indicate that identifying a clear course theme; more strongly aligning readings, assessments, and discussions to course objectives; and restructuring the verbal and written analysis of readings dramatically improved students’ performance and satisfaction. Measures used include formal and informal student evaluations of instruction, formal …

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi

Copyright, Fair Use, Scholarly Communication, etc.

The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …

Copyright, Fair Use, And Author Rights, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

From the promotional flyer for this talk:

Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.

In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

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 …

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

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, …

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 …

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 …