Social and Behavioral Sciences Commons^™

The Nebraska Transcript 44:2, Fall 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Marty Gardner 4
Whistleblowing Dilemma 6
Faculty Notes 10
Mediation Turns Twenty 16
Medill Creator of New Book Series 19
Willborn Chair of LSAC 20
Beard Returns to Midwest 23
Moberly Appointed to New Role 25
Sheppard Brings Patent Law Back 26
Around the College Feature: Justice Clarence Thomas 28
Admissions Report 31
Presidential Management Fellows Program 33
LL.M. Report 36
Leiter Spends Semester At Harvard 38
2011 Commencement 42
ACLU President Delivers Lane Lecture 46
Judge Bennett & Implicit Bias 47
College Hosts ABA Regional Conference 48
“Futurama” Producer Visits College 49
Feature: …

Women’S Sexual Orientations And Their Experiences Of Sexual Assault Before And During University, Sandra L. Martin, Bonnie S. Fisher, Tara D. Warner, Christopher P. Krebs, Christine H. Lindquist

Department of Sociology: Faculty Publications

Purpose — We sought to examine relationships between women’s sexual orientations and their sexual assault experiences before and during university.

Methods — Self-reported responses on a web-based survey of 5,439 female undergraduates who participated in the Campus Sexual Assault study were analyzed to compare three groups: bisexuals, lesbians, and heterosexuals. Groups were compared in terms of the prevalence of sexual assault before and during university, and the extent to which sexual assault before university predicted sexual assault during university.

Findings — The prevalence of sexual assault before and during university was higher among bisexuals and lesbians compared with heterosexuals (25.4% …

Aversive Racism And Implicit Biases In Civil Rights Workers, Anne Nm Hobbs

Department of Sociology: Dissertations, Theses, and Student Research

The aim of this study was to gain a better understanding of implicit mechanisms that perpetuate inequality. The vast majority of claims of discrimination in this country are filtered through the lens of a civil rights investigator. It is critical to our understanding of civil rights enforcement, and inequality overall, to assess the potential for implicit bias processes of non-judicial government employees to impact the outcome of discrimination cases. Social psychologists have long established that the human brain processes information in highly effective ways that may make it prone to stereotyping and error. I used a vignette methodology to assess …

The Nebraska Transcript 44:1, Spring 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Alan Frank 4
Mexico’s Criminal Justice Transformation 6
Faculty Notes 8
Network Neutrality 14
Lepard Leads Human Rights Project 16
Blankley’s Passion for ADR 17
Burkstrand-Reid’s Trust to Teach 18
Feature: Dean Susan Poser 19
Around the College Brummond’s New Role 22
Kluver Leads Admissions Efforts 23
Our Future in the Big Ten: Admissions 24
Job Market’s Impact on CSO 26
Evolution of Technology 28
Student Accolades 32
2010 Family Traditions Ceremony 34
Hitler’s Court 36
Recent Facility Renovations 37
Our Alumni Eilers: A Global Career 38
Nearhood Admissions Office 39
Winter Scholarship 40 …

Constraints On State-Level Foreign Policy: (Re) Justifying, Refining And Distinguishing The Dormant Foreign Affairs Doctrine, Matthew Schaefer

Nebraska College of Law: Faculty Publications

A reassessment of United States' constitutional constraints on state-level foreign policy is sorely needed. State engagement in foreign policy was rarely significant until the 1960s. Since that time, state involvement has rapidly expanded in both sheer magnitude and the types of activities undertaken. The most prominent and problematic among these state and local activities in the past fifty-plus years has been three waves of state and local sanction initiatives targeting countries ruled by regimes with repugnant human rights policies. In the mid-1980s, over half of the states and at least 100 localities adopted sanctions legislation against South Africa, most often …

The Federal Common Law Of Vicarious Fiduciary Liability Under Erisa, Colleen E. Medill

Nebraska College of Law: Faculty Publications

Absent a federal common law rule of vicarious fiduciary liability, a corporate employer, in its nonfiduciary capacity as the settlor of its ERISA plan, may design the documents that govern the employer's plan as a shield against fiduciary responsibility for the actions of the employer's own internal fiduciary employees. This Article explores the potential for development of another area of federal common law under ERISA - the incorporation of respondeat superior liability principles to impose ERISA fiduciary liability ("vicarious fiduciary liability") upon a corporation for the fiduciary activities of its employees or agents. This claims and remedies system requires that …

"Trophy Husbands" & "Opt-Out" Moms, Beth Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Before women were "opting out" of the workforce (as depicted by the New York Times)' to stay at home with their children, a subset of fathers had already done so. The 2002 Fortune cover story titled Trophy Husbands documented the "dramatic shift afoot" of well-off, educated men leaving paid work in order to tend to the home and kids in support of their powerful wives' careers:3 "Trophy Husbands? Arm candy? Are you kidding? While their fast-track wives go to work, stay-at-home husbands mind the kids. They deserve a trophy for trading places. The article portrayed these men as taking …

The More Things Change ... : Abortion Politics & The Regulation Of Assisted Reproductive Technology, Beth Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Comparing abortion and assisted reproductive technology (ART)--especially controversial techniques like cytoplasm donation--may be detrimental to both. Each technology forces society to confront the deepest issues concerning the beginning of life and, for women, forces them to consider when motherhood begins and what responsibilities might flow from it. Abortion rights advocates must push the inception of motherhood to a point as late in the gestational process as possible so as to avoid thorny issues of fetal personhood. Fertility doctors and their patients may have just as strong of an interest in recognizing an earlier start to motherhood, as a way of …

Teaching Controversial Topics, Jennifer S. Hendricks, Beth Burkstrand-Reid, June Carbone

Nebraska College of Law: Faculty Publications

At the 2009 Future of Family Law Education conference at the William Mitchell School of Law, the authors participated in a panel discussing strategies for teaching controversial topics, which focused on teaching reproductive rights and related gender issues. This essay collects some of the strategies discussed at the conference. First we address what constitutes a “controversial” legal topic, outlining the several different ways in which a topic might be or become controversial within the context of a particular class. Next, we discuss the importance of laying the groundwork, throughout the semester, for the anticipated—and unanticipated— discussions surrounding controversial topics and …

Mudslinging On The Missouri: Can Endangered Species Survive The Clean Water Act?, Sandra Zellmer

Nebraska College of Law: Faculty Publications

This Article analyzes the perceived conflict between the CWA's demand for clean water, which in some, but not all, cases means clear water, and the "no jeopardy" requirement of the Endangered Species Act (ESA), and determines that the two statutes are not in conflict at all. Under the CWA, water quality managers are tasked with creating standards that promote a river's uses. Native species habitat is one use that must be protected under the CWA, just as it must be protected under the ESA. Water quality standards should promote that use by recognizing that the Missouri River, and others like …

Throwing Precaution To The Wind: Nepa And The Deepwater Horizon Blowout, Sandra Zellmer, Joel A. Mintz, Robert Glicksman

Nebraska College of Law: Faculty Publications

On April 20, 2010, British Petroleum's ("BP") Deepwater Horizon oil platform exploded, killing eleven workers. When the platform sank to the bottom of the Gulf of Mexico two days later, oil erupted out of the riser-a 5000-foot pipe connecting the platform to the well on the ocean floor. Efforts to stem the flow failed when a safety device, the "blowout preventer," could not be activated. Finally, after a number of attempts to stop the leak, BP capped the well on July 15. Nearly five million barrels of oil were released over the course of eighty-six days, making the Deepwater Horizon …

Keeping A Secret From Yourself? Confidentiality When The Same Neutral Serves Both As Mediator And As Arbitrator In The Same Case, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

As the alternative dispute resolution field has grown, parties have designed their own processes from established processes in an attempt to best serve their process needs. One such hybrid process is mediationarbitration, called “med-arb” for short. Med-arb involves a single neutral who first serves as a mediator, and if the parties reach an impasse in mediation, the neutral then serves as an arbitrator to resolve the dispute. Although the literature has given some attention to the benefits and drawbacks of med-arb, this Article examines the process in light of broad mediation confidentiality and privilege statutes. Because these laws have no …

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …