Legal Studies Commons^™

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

Court Review: 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 …

Teaching Forensic Entomology With Common Grocery Items: Decomposition And Insect Succession Studies, Erin Bauer, Charles Murrieta, Larry Barksdale

Department of Entomology: Faculty Publications

Forensic science and entomology programs may benefit from using deceased pigs as teaching resources due to anatomical similarities to humans. The use of such animals provides opportunities for students to learn the effects of geographical location and climate on insects; understand insect succession; practice insect collection and identification; and learn post-mortem interval procedures, taphonomic principles of decomposition, and crime scene investigation and management techniques. Forensic entomology and taphonomic studies fit well with educational interests in experiential learning. Pigs may be readily available through animal science departments or local producers, and many institutions may have property where this research can be …

Dna Transfer And Persistence On Non-Porous Surfaces Submerged In Spring Water [Preliminary Study], Morgan L.. Korzik, Josep De Alcaraz-Fossoul, Michael S. Adamowicz, David San Pietro

Forensic Science: Faculty Publications

Submerged items are often thought to lack evidentiary value. However, previous studies have shown the ability to recover DNA from submerged porous items for upwards of six weeks. The crevices or interweaving fibers in porous items are thought to protect DNA from being washed away. It is hypothesized that, because non-porous surfaces do not have the same traits that might aid in DNA retention, then DNA quantities and the number of donor alleles recovered would decrease over longer submersion periods. Additionally, it is hypothesized that DNA quantity and the number of alleles would be negatively affected by flow conditions. Neat …

Reply To Response By Fbi Laboratory Filed In Illinois V. Winfield And Affidavit By Biederman Et Al. (2022) Filed In Us V. Kaevon Sutton (2018 Cf1 009709), Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia Carriquiry

Department of Statistics: Faculty Publications

1 Preliminaries

1.1 Scope

The aim of this document is to respond to issues raised in Federal Bureau of Investigation¹ and Alex Biedermann, Bruce Budowle & Christophe Champod.²

1.2 Conflict of Interest

We are statisticians employed at public institutions of higher education (Iowa State University and University of Nebraska, Lincoln) and have not been paid for our time or expertise when preparing either this response or the original affidavit.³ We provide this information as a public service and as scientists and researchers in this area.

1.3 Organization

The rest of the document precedes as follows: we begin …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2022

Nebraska Transcript

Dean's Message

Remembering Anna Williams Shavers 4

Sold-out Women Lead event empowers leaders 9

Reward outweighs risk at Lavender Legal Center 12

LaChandra Pye, '09, named multicultural homecoming nominee 14

Nebraska Legal Diversity Council founded 16

Sullivan recognized for work on Tenant Assistance Project 18

Children’s Justice Attorney Education Program selects inaugural Fellows 20

White House, Attorney General recognize Tenant Assistance Project 22

Faculty Notes 24

Matthew Schaefer named Clayton Yeutter Chair 32

Student team wins regional patent application drafting competition 34

Three faculty earn professorships: Kristen Blankley, Jessica Shoemaker, Adam Thimmesch 35

Housing Justice Program offers array of opportunities …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2022, 142nd Anniversary Year, One Hundred-Thirty-Second Annual Meeting, April 22, 2022

Nebraska Academy of Sciences: Programs and Proceedings

Program

Aeronautics and Space Science

Anthropology

Applied Science and Technology

Biological Sciences

Biomedical Sciences

Chemistry

Earth Sciences

Environmental Sciences

Physics

2022 Maiben Lecture: Dan Sitzman

2022 Friend of Science Award: Julie Sigmon and Chris Schaben

Firearms And Toolmark Error Rates, Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia L. Carriquiry

Department of Statistics: Faculty Publications

We have outlined several problems with the state of error rate studies on firearm and toolmark examination. Fundamentally, we do not know what the error rate is for these types of comparisons. This is a failure of the scientific study of toolmarks, rather than the examiners themselves, but until this is corrected with multiple studies that meet the criteria described in Section 3, we cannot support the use of this evidence in criminal proceedings.

2022 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2022 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2021 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

Legal Strategies Used By Black Men During The Antebellum Period, A. D. Banse

Digital Legal Research Lab

AD Banse, "Legal Strategies Used by Black Men During the Antebellum Period" [Research Poster]

Digital Legal Research Lab REU Site, University of Nebraska-Lincoln, 2022

The Missouri Statute of 1807 existed as the primary act that somewhat ensured the freedom of those enslaved and pursuing their freedom. The act refuted laws such as the Futgitive Slave Clause of 1793 and 1850, and the Missouri Compromise, which were evidence that slaveholders held decisive political influence and could cast the Constitution in proslave terms (Baker 2012). These clauses essentially gave enslavers the right to seize enslaved people who escaped to free states deepening …

Habeas Corpus: Breaking Reservation Boundaries, Samantha Byrd

Digital Legal Research Lab

Dr. Katrina Jagodinsky’s Petitioning for Freedom examines marginalized peoples’ use of habeas corpus in the American West from 1812 to 1924. This project has uncovered Indigenous manipulation of the American legal system to counter the challenges of colonialism. Indigenous peoples used habeas to protest, and sometimes successfully mitigate boarding school experiences, forced removal, and confinement on reservations. This study aims to show how Indigenous peoples and other minorities had a complex understanding of the law and used it to their advantage.

Advisor: Katrina Jagodinsky

A Home Shielded By Laws: Freedom Suits And Enslaved Mothers, Heidi Martin

Digital Legal Research Lab

This project collects, digitizes, and makes accessible the freedom suits brought by enslaved families in the Circuit Court for the District of Columbia, Maryland state courts, and the United States Supreme Court. This project places families in the foreground of our interpretive framework of slavery and national formation.

Using TEI encoding, we focused on outcomes, relationships between individuals and the claim for freedom made. Using these data sets, I focused specefically on mothers petitioning for their children. Of the 508 cases I utilized, 131 included children and a parental figure. I set out to distinguish the additional burden mothers had …

In The Waiting: The Role Of The Slave Bastille In Antebellum D.C., Ellyzabeth Morales-Ledesma

Digital Legal Research Lab

In 1808 the Transatlantic Slave Trade ended and in turn the government created a federally protected human market. As the South's demand for human labor force increased the domestic slave trade rocketed and in turn created even more turmoil for the Black population if the United States. Slave Traders and Man-Dealers took advantage of the market and kidnapped Free Black men women and children. While waiting to be sold enslaved people would be admitted into holding cells and jails; this was the creation of slave jails and Slave Bastilles. Slave jails served as places where the horrors of a human …

Habeas Corpus As A Means For Economic Freedom In The Progressive Era, Janana Khattak

Digital Legal Research Lab

Habeas corpus protects individual freedom by allowing detained individuals proper trial. Economic liberty, or the “right to earn a living in an occupation of choice without unnecessary government interference,” is a key component of individual freedom. Following the depression of 1893, the Progressive Era ushered in a sharp increase in productivity. This was in part because of an immigration boom. While immigrants sought economic opportunities for the betterment of themselves and their families, ideologies of nativism rose.

Advisor: Katrina Jagodinsky

Death Scene Insect Succession In Nebraska: A Guidebook, Erin Bauer, Larry Barksdale, Emma Sidel, Justine Laviolette

Department of Entomology: Faculty Publications

Insect behavior can be helpful to law enforcement in determining time of death, manner of death, location, and environment related to human or other animal victims found at a death scene. They may also provide clues about other aspects associated with an investigation (i.e., fly specks, suspect DNA). The study of how insects and related arthropods can aid in legal investigations is known as forensic entomology. Although this includes both civil applications, such as urban (i.e., maggots in mortuaries or insect structural damage) or stored product (i.e., illness from food contamination) entomology, this manual focuses on criminal applications, such as …

Internal Validation Of Mastr™ Probabilistic Genotyping Software For The Interpretation Of 2–5 Person Mixed Dna Profiles, Michael S. Adamowicz, Taylor N. Rambo, Jennifer L. Clarke

Forensic Science: Faculty Publications

Mixed human deoxyribonucleic acid (DNA) samples present one of the most challenging pieces of evidence that a forensic analyst can encounter. When multiple contributors, stochastic amplification, and allele drop-out further complicate the mixture profile, interpretation by hand becomes unreliable and statistical analysis problematic. Probabilistic genotyping software has provided a tool to address complex mixture interpretation and provide likelihood ratios for defined sets of propositions. The MaSTR™ software is a fully continuous probabilistic system that considers a wide range of STR profile data to provide likelihood ratios on DNA mixtures. Mixtures with two to five contributors and a range of component …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2021

Nebraska Transcript

Dean's Message

Lovell making a difference through civil rights advocacy 12

Russell Lovell, ’69, executive summary of forthcoming article 16

Beard named editor-in-chief of Woomera Manual 4

Tech Refactored Podcast hits milestones 6

Shoemaker earns Carnegie Fellowship to explore rural futures 8

Immigration Clinic students hold second annual naturalization clinic 19

Nebraska Law joins national police practices effort 20

Professor Eric Berger: Examining lethal injection 22

Grant expands access to attorneys in rural areas 24

Clinical Legal Education Association recognizes Dugger, Lengeling, O’Neill and Sonnenfeld 26

Murga Rios awarded Immigrant Justice Corps fellowship 28

Faculty Notes 30

Professor Kyle Langvardt: …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2021, 141st Anniversary Year, One Hundred-Thirty-First Annual Meeting, April 23-24, 2021

Nebraska Academy of Sciences: Programs and Proceedings

Program

Aeronautics and Space Science

Anthropology

Applied Science and Technology

Biological and Medical Sciences

Collegiate Academy: Biology

Collegiate Academy: Chemistry and Physics

Earth Sciences

Environmental Sciences

General Chemistry

General Physics

Teaching of Science and Mathematics

Friend of Science Award: Paul Karr

Mass Incarceration In Nebraska: Data And Historical Analysis Of Inmates From 1980-2020, Anna Krause

Honors Program: Senior Projects (Public)

This study examines Nebraska Department of Corrections inmate data from 1980-2020, looking specifically at inmate demographics and offense trends. State-of-the-art data analysis is conducted to collect, modify, and visualize the data sources. Inmates are organized by each decade they were incarcerated within. The current active prison population is also examined in their own research group. The demographic and offense trends are compared with previous local and national research. Historical context is given for evolving trends in offenses. Solutions for Nebraska prison overcrowding are presented from various interest groups. This study aims to enlighten all interested Nebraskans on who inhabits their …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Program: Senior Projects (Public)

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

2021 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2021 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2020 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

“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 …

Sex Vs Gender In A Forensic Anthropological Analysis, Erik M. Schulz

Nebraska Anthropologist

This paper will be discussing the topic of gender identification in a forensic anthropology outcome. The purpose will be to see if a forensic anthropologist should determine the gender of an individual or just biological sex when talking about identifying a body. To support this argument, the following topics will be evaluated: looking at the current methods used for identifying sex of an individual, looking at reconstruction and modification practices, looking at documentation aspects in a forensic report, biological profile make up, and cultural significance. The conclusion will state that anthropologists should make a case for sex, but that gender …

Forensic Entomology: Insect Succession, Northern Colorado, Thomas Nissen

Department of Entomology: Distance Master of Science Projects

Forensic entomology is considered a relatively new field of entomology yet insects have been around for millions of years. Insects have been associated with dead animals and humans for centuries. The remains of insects have been recorded from Ancient Egypt to the present time. Recent advancements have been with data presented to the courts that show that there is a specific order to insects arriving on a corpse and that order helps to determine time of death. This study investigates the order of insect succession in the northern front range area of Colorado.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 2, Fall 2020

Nebraska Transcript

Dean's Message - Richard Moberly 1

Professor Anthony Schutz focuses on pedagogy, research as College’s new associate dean for faculty 4

Women Lead 2020 conference spurs attendees to ‘Claim Your Power’ 6

Molly Brummond honored for her outstanding contributions to women 10

John Lenich honored for work with students 12

Bobby Larsen selected as American Constitution Society Next Generation Leader 13

Anna Shavers receives Nebraska Bar Association 2020 Diversity Award 13

Sullivan’s Tenant Assistance Project represents renters facing eviction 14

Alumni, Tenant Assistance Project, a projected conceived by alumna Mindy Rush Chipman, ’07, and professor Ryan Sullivan, ’10, honored with …

The Relationship Between State-Level Dynamics, Firearm Policies, And County-Level Homicides, Shawn M. Ratcliff

Department of Sociology: Dissertations, Theses, and Student Research

This dissertation examines the causes and effects of four major firearm-related policies in the United States: Concealed Carry Weapons (CCW), Stand Your Ground (SYG), Child Access Prevention (CAP), and Universal Background Checks (UBC). Applying a social movement approach, the first research question addresses how a social movement organization (SMO) has employed resources to shape the adoption of (counter-)movement-related legislation. Using the gun rights movement as a case-in-point, I explore how campaign contributions – conceptualized as a professionalized SMO resource – have been employed by the National Rifle Association (NRA) to shape the adoption of CCW, SYG, CAP, and UBC laws …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 1, Spring 2020

Nebraska Transcript

2 Dean's Message

4 Faculty Notes

10 Civil Procedure, State Con Law scholar, Jonathan Marshfield, joins Nebraska Law

11 Remembering Steve Kalish

14 Remembering Marty Gardner: Long time faculty member, Gardner loved teaching, prioritized students. Professor Marty Gardner passed away late November 2019. His longtime friend and colleague, Professor Robert Denicola, remembers his kindness and love of teaching.

17 University hosts FCC Chairman Ajit Pai

18 Nebraska Law Hosts 12th Annual Nebraska Space Law Conference

20 Women’s Leadership Initiative features former ACLU president Nadine Strossen

29 Football agent Mulugheta maintains, ‘For success, be all in, but find balance' David Mulugheta, …

Program And Proceedings: Nebraska Academy Of Sciences 1880–2020, 140th Anniversary Year, One Hundred-Thirtieth Annual Meeting

Nebraska Academy of Sciences: Programs and Proceedings

No abstract provided.

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 …

2020 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2020 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2019 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

Early Head Start Service Use By Families With Court-Substantiated Maltreatment, Alayna Schreier, Kelsey Mccoy, Mary F. Flood, Brian Wilcox, David J. Hansen

Department of Psychology: Faculty Publications

Early Head Start (EHS) is an evidence-based intervention program for at-risk children birth through three that seeks to improve child and family well-being. There is little research to date examining the prevalence of child maltreatment among families enrolled in EHS and the extent to which maltreatment is associated with receipt of programs and services available to EHS families. This study sought to (a) identify the prevalence of court substantiated maltreatment in EHS families; and (b) determine the association between substantiated maltreatment and use of EHS program and community-linked services. To answer these questions, archival program and clinical service records and …