Law Commons^™

The Missing Lawyering Skill, Richard Leiter

Marvin and Virginia Schmid Law Library

Educating Lawyers, a new book from the Carnegie Foundation, analyzes our modern system of legal education, and, in some measure, finds it wanting. The authors set out to evaluate legal education's response to decades old criticisms that it fails t teach lawyering skills and legal ethics.

An Assessment Of Cross-National Variation In Rates Of Incarceration, Ryan Spohn, Travis Linnemann

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

Our theoretical approach compares the relative efficacy of multiple theories of law and social control. From a general social threat perspective, we find that variables reflecting the size of the unemployed youth population and general measures of income inequality have positive impacts on a nation's rates of incarceration. We also find partial support for one of Durkheim's laws of quantitative change and penal evolution, in that, all else equal, nations with a more authoritarian form of government utilize incarceration at a higher rate than their more democratic counterparts. We also find that the institutional anomie perspective, which has previously been …

Investigating Racial Disparity At The Detention Decision: The Role Of Respectability, Don L. Kurtz, Tavis Linnemann, Ryan Spohn

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

A concern over inequity and the existence of racial disparity of youth served by the juvenile justice system has long been a topic of considerable interest among scholars, policymakers, and court officials. Numerous empirical studies undertaken by academics and various public and private organizations have attempted to shed some light on this phenomenon. Research findings on disproportionate minority contact have hardly been uniform, leaving much of this practice unexplained. This study uses data obtained at the detention decision point over a three-year period examining variance in juvenile case processing related to race. Findings suggest that extra-legal factors influencing the decision …

Is There Such A Thing As “Defended Community Homicide”?: The Necessity Of Methods Triangulation, Ryan Spohn

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

Data on homicides in Buffalo, New York, are analyzed to demonstrate the importance of “methods triangulation” for assessing the validity of quantitative measures. Defended community homicides are quantitatively operationalized as acts that occur in the offender’s community against a nonlocal victim. Poisson models provide strong support for the existence of defended community homicide, which is significantly more common in residentially stable and racially homogenous neighborhoods. However, subsequent qualitative analyses of the victim and offender characteristics and motives of these homicides undermine the “defended community” concept. Qualitative analyses are necessary to assess the validity of quantitative measures in criminological research.

Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner

Department of Psychology: Faculty Publications

The current research compares two theoretical models borrowed from social psychology (theory of planned behavior and procedural justice) to predict intentions to make use of a drug court. Medicaid-eligible substance users answered a number of questions regarding their intentions to use a drug court in the future, including items from planned behavior and procedural justice scales. When procedural justice was considered alone, only trustworthiness predicted intention to use drug courts. When planned behavior was considered alone, only deliberative attitudes predicted the intention. After combining the two models, deliberative attitudes from the theory of planned behavior were the only significant predictor …

As Space Law Comes To Nebraska, Space Comes Down To Earth, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

It is a great honor and an equally great pleasure for me to stand here today and address you by way of an inaugural lecture, embedded in this conference on formalism and informalism in space law that we are currently hosting at the University of Nebraska College of Law.

An inaugural lecture then is perceived essentially as a public lecture where a newly-appointed professor sets out, for everyone to hear, his or her general ideas on, and programmatic approach to, the field that he or she is going to tackle in teaching and research-in my case, all in the context …

United Nations Treaties And Principles On Outer Space, United Nations Office For Outer Space Affairs

Space Law Documents

The progressive development and codification of international law constitutes one of the principal responsibilities of the United Nations in the legal field. An important area for the exercise of such responsibilities is the new environment of outer space and, through the efforts of the United Nations Committee on the Peaceful Uses of Outer Space and its Legal Subcommittee, a number of significant contributions to the law of outer space have been made. The United Nations has, indeed, become a focal point for international cooperation in outer space and for the formulation of necessary international rules.
Outer space, extraordinary in many …

Legal Aspects Of Using Space-Derived Geospatial Information For Emergency Response, With Particular Reference To The Charter On Space And Major Disasters, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Increasing attention is being paid today to the potential offered by geospatial information in particular if generated with the help of satellites to contribute to mitigation of major disasters—tsunamis and earthquakes as much as man-made disasters. The current contribution seeks to outline some of the major legal issues involved in the use space-derived data for emergency response, focusing on four topics: copyrights, access to remote sensing data, responsibilities and liabilities, and security and dual use-issues involved. This contribution forms part of the Leiden faculty of Law research program “securing the rule of law in a world of multilevel jurisdiction: (coherence, …

Article Vi Of The Outer Space Treaty 'In The European Context', Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Concludes that a substantive and detailed European "approach" to dealing with Article VI's obligations is yet forthcoming, and suggests that issues like liability, insurance, licensing procedures and registration requirements should be dealt with in a sensible fashion. The European "context" involves a haphazard, fractured process whereby many traditional sovereign forces are only sometimes in agreement. With respect to Article VI of the Outer Space Treaty, there is a need for more European coherence.

Treaty Law In Support Of Climate Monitoring, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Suggests that, in climate change conventions: appropriate dispute settlement clauses and explicit references to satellite data are included, that the authenticity of satellite data are certified, and that quantifiable parameters are inserted.

Defining Subject Matter Under Space Law: Near Earth Objects Versus Space Objects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

It may seem to be an obvious, instinctive distinction, the one between (natural) near earth objects and (man made) space objects. However, the very recent proposal tabled by the Russian Federation and the People's Republic of China for a treaty on the de-weaponisation of space apparently makes reference in this context to a prohibition to use or threaten the use of force against "outer space objects." Such varying use of terminology may raise appropriate concerns about the applicability of any such agreement, or indeed other present or future rules of space law, to the specific case of NED's and any …

A Sleeping Beauty Awakens: The 1968 Rescue Agreement After Forty Years, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Forty years ago, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, was put into place as the second treaty on outer space drafted by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). The Rescue Agreement followed on the heels of the "Outer Space Treaty," and in turn was followed by the "Liability Convention" the "Registration Convention" and the "Moon Agreement," before political developments made COPUOS reluctant to draft any further treaties on space. The Rescue Agreement has attracted much less attention than the other …

The Nebraska Transcript, Winter 2008 Vol. 40 No. 2

Nebraska Transcript

2 Space and Telecom Law

7 Taking Shape: Construction Projects to Add Classrooms, Renovate Restrooms

13 What’s New in the CSO?

15 Assistant Dean Gloden Comes Back to the Good Life

17 Estop The Music

35 Giving and Receiving with Charitable Remainder Unitrusts

36 Hong First to Receive Outstanding International Alumnus Award

37 Fiala Finds That Preparation Pays In Classroom, Courtroom, Radio Booth

39 Hendry at Home in Classroom

Dean’s Message ; 9 Donor Recognition ; 10 Award of Merit ; 11 Law Library Tales & Tables ; 18 Faculty Notes ; 21 Faculty News ; 23 Graduation ; 26 …

Ballot Issues Education For The 2008 General Election - Initiative 424: Constitutional Amendment To Prohibit Discrimination Or Preferential Treatment, J. David Aiken, Bradley D. Lubben

University of Nebraska-Lincoln Extension: Historical Materials

On November 4, 2008, Nebraska voters will consider an amendment to the state constitution to ban many state or local government affirmative action programs (unless pending court challenges nullify the vote). The proposed constitutional amendment was brought forth by petition initiative and is modeled after similar language approved by voters in California (1996), Washington (1998), and Michigan (2006). Voters in Colorado will also face the same question this year on election day while similar efforts in Arizona, Missouri, and Oklahoma failed to reach the ballot.

Ballot Issues Education For The 2008 General Election, J. David Aiken, Bradley D. Lubben

University of Nebraska-Lincoln Extension: Historical Materials

Nebraska communities attempt to attract new employers to the community often by providing economic incentives to the new business: direct loans or grants, infrastructure improvements (roads, power, sewer lines, etc.), purchasing real estate, and job training grants. Communities can respond more quickly to new business development opportunities if the community has a pool of community development funds available for immediate use. The 1991 Nebraska Local Option Municipal Economic Development Act allows Nebraska cities and villages to create such a fund after preparing a community economic development plan, receiving voter approval and with continuing citizen review board oversight.¹ Under current …

Court Review: Volume 45, Issue 1/2 – Complete Issue

Court Review: The Journal of the American Judges Association

Table of Contents:
The Case of Standing Bear: Establishing Personhood under the Law by Joe Starita

Sovereign Comity: Factors Recognizing Tribal Court Criminal Convictions in State and Federal Courts by Matthew L.M. Fletcher

Wisconsin’s Experience in Allocating Jurisdiction between State and Tribal Courts by Beth Ermatinger Hanan and William H. Levit, Jr.

Beyond Minimum Standards: Federal Requirements and State Interpretations of the Indian Child Welfare Act by Kathryn E. Fort

American Indian Law Research for State Courts by Nancy Carol Carter

Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property-Law Lens by Ezra Rosser

From Conflict to Cooperation: State …

Court Review: Volume 45, Issue 1/2 – Cover

Court Review: The Journal of the American Judges Association

No abstract provided.

United States Copyright Fair Use Checklist, Kenneth D. Crews

Copyright, Fair Use, Scholarly Communication, etc.

Copyright fair use checklist available for scholars, students, and others to determine whether a use of copyrighted material may be considered a fair use. This document is meant to provide guidance for individuals to make their own determinations about whether a use may be considered a fair use. It does not constitute legal advice.

Introduction to the Checklist

The Fair Use Checklist and variations on it have been widely used for many years to help educators, librarians, lawyers, and many other users of copyrighted works determine whether their activities are within the limits of fair use under U.S. copyright law …