Legal Studies Commons^™

Program And Proceedings: Nebraska Academy Of Sciences 1880–2013, 133rd Anniversary Year, One Hundred-Twenty-Third Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

Aeronautics and Space Science

Collegiate Academy: Biology

Biological and Medical Sciences

Nebraska Chapter, National Council for Geographic Education

Chemistry and Physics

Collegiate Academy: Chemistry and Physics

Junior Academy, Senior High Competition

Aeronautics and Space Science, Poster Session

Anthropology

Nebraska Wesleyan University Health and Sciences Graduate School Fair

Aeronautics and Space Science, Poster Session

Maiben Memorial Lecture: Making People Smarter Using "Habits of Mind," Bob Feurer, North Bend High School

Collegiate Academy: Biology

Teaching of Science and Math

Applied Science and Technology

Junior Academy, Junior High Competition

Cutting The Bread, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Why the draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Received Force against Outer Space Objects (PPWT) will not work—whereas the Code of Conduct for Outer Space Activities may.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 2, Fall 2012

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Profile: Rob Denicola 4

Potuto Gives Chancellor’s Distinguished Lecture 6

Faculty Notes 8

Berger Receives Tenure 15

Schutz Granted Tenure 21

Shoemaker Joins Faculty 28

Stohs Opens Entrepreneurship Clinic 29

Thimmesch Joins Faculty 30

Feature: Client Counseling Competition Champions 31

Around the College

Bresel Experiences on Capitol Hill 38

Externships 39

Department of Defense Externship 42

Hilgers Joins Career Services 44

Big Ten Law Deans Meet at College 45

Karlan Delivers Lane Lecture 46

Laurin Lectures on Roberts Court 48

Admissions Report 50

Baughman Joins Admissions Office 52

Student Accolades 53

Students Volunteer at Voices …

Recent Supreme Court Arbitration Rulings Affect Employment And Class Action Arbitrations, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

The United States Supreme Court remains active in the area of arbitration law, deciding between one and three arbitration cases per term over the course of the last five or so years. Despite their recentness, many of these arbitration decisions are already considered “landmark” cases, drastically affecting the way attorneys, arbitrators, and judges approach arbitration cases. This short article recounts some of the most important arbitration decisions of the last decade, focusing on cases relating to labor and employment issues and class action issues.

The first section of this article considers cases dealing with labor and employment issues, as well …

Why I Am A Libertarian In Secular America, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Argues that the selective funding of education in secular government schools guarantees religious inequality in America.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 1, Spring 2012

Nebraska Transcript

Dean’s Message 2

Faculty News

Profile: Roger Kirst 4

Schmid Law Library Faculty 6

Faculty Notes 8

Profile: Brank’s Return 16

Feature: Senator Mike Flood 18

Around the College

Warren Transitions to Admissions 21

Clinics Provide Lessons in Immediacy 22

CSO Report: Exploring Opportunities 26

Willborn Portrait Unveiled 27

A Perfect Storm 28

LL.M Report: Final NASA Grant Repor 32

Perry Fuller Lecturer: Thomas Crisham 38

The Tragedy of William Jennings Bryan 39

Winter 2011 Commencement 40

Connect with Us! 43

Our Alumni

Dean Poser’s Travels 44

2011 Alumni Master: Eartha Johnson 45

Stejskal: FBI Probe on Illegal Steroid Usage …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

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

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman

Nebraska College of Law: Faculty Publications

The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …

Crowdfunding And The Federal Securities Laws, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Crowdfunding-the use of the Internet to raise money through small contributions from a large number of investors-could cause a revolution in small-business financing. Through crowdfunding, smaller entrepreneurs, who traditionally have had great difficulty obtaining capital, have access to anyone in the world with a computer, Internet access, and spare cash to invest. Crowdfunding sites such as Kiva, Kickstarter, and IndieGoGo have proliferated, and the amount of money raised through crowdfunding has grown to billions of dollars in just a few years.

Crowdfunding poses two issues under federal securities law. First, crowdfunding sometimes involves the sale of securities, triggering the registration …

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Methodology, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, And Making the Law Work for Families, Methodology, Texas Journal of Women & the Law.

Full Article Text Available at: http://ssrn.com/author=1104408

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan J. Tomkins, Elizabeth M. Neeley, Mitchel N. Herian, Joseph A. Hamm

Alan Tomkins Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure-to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites and …

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

Annual Interdisciplinary Conference on Human Trafficking: 4th (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 …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

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

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2012, 132nd Anniversary Year, One Hundred-Twenty-Second Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

Program

Applied Science and Technology

Biological and Medical Sciences

Nebraska Wesleyan University Health and Sciences Graduate School Fair

Aeronautics and Space Science, Poster Session

Maiben Memorial Lecture: "The Status of Nebraska's Native Aspen," "Buffalo" Bruce McIntosh, Western Nebraska Resources Council

Aeronautics

Anthropology

Biological and Medical Sciences

Chemistry and Physics

Collegiate Academy: Biology

Collegiate Academy: Chemistry and Physics

Earth Science

History/Philosophy of Science

Junior Academy, Senior High Competition

Teaching of Science and Math

Junior Academy, Junior High Competition

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 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 N. M. 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 …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 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 …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2011, 131st Anniversary Year, One Hundred-Twenty-First Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

Program

Aeronautics and Space Science

Collegiate Academy: Biology

Collegiate Academy: Chemistry and Physics

Chemistry and Physics

Biological and Medical Sciences

Junior Academy, Senior High Competition

Nebraska Wesleyan University Health and Sciences Graduate School Fair, Olin and Smith Curtiss Halls

Teaching of Science and Math

Aeronautics and Space Science, Poster Session

Applied Science and Technology

Maiben Memorial Lecture: Erin Flynn, Omaha Henry Doorly Zoo

Aeronautics

Anthropology

Earth Science

Junior Academy, Junior High Competition

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 …

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 43, Number 1, Spring 2010

Nebraska Transcript

4 Dean’s Message
/="/">5 Poser Named Dean
/="/">10 Andy Kruse
/="/">12 Career Services Office Update
/="/">13 Law Library Tales and Tables
/="/">16 2009 Graduation Remarks
/="/">18 2009 Family Traditions Ceremony
/="/">20 In Brief
/="/">24 2008-2009 Academic Awards
/="/">26 Steve Mazurak Returns to UNL
/="/">28 Potuto Combines Teaching, Service
/="/">30 Von der Dunk: Space Law Expert
/="/">32 Faculty Notes
/="/">35 Faculty In Memoriam: Franck
/="/">36 Alum News: Larry Sather
/="/">37 2009 Alumni Council Awards
/="/">38 AlumNotes
/="/">46 In Memoriam
/="/">49 2010 Space Law …