Legal Studies Commons^™

Passing The Buck To Rogers: International Liability Issues In Private Spaceflight, Frans Von Der Dunk

Nebraska College of Law: Faculty Publications

One of the most exciting recent developments in outer space, especially from a legal standpoint, is the advent of space tourism. Within the legal issues surrounding that development, liability is of prime importance.

Liability is, of course, always about "passing the buck," or, more precisely, about who should pay compensation for damage caused by the activities concerned. At both the international level and in the field of space law, however, a large measure of confusion has often arisen as to the scope, meaning, and consequences of liability. This confusion is partly the consequence of liability's intricate relationship to the concept …

Unbundling Property In Water, Sandi Zellmer, Jessica Harder

Nebraska College of Law: Faculty Publications

The United Nations Intergovernmental Panel on Climate Change predicts that, in the foreseeable future, climate change will exacerbate water problems worldwide. In the United States, we are likely to see more severe flooding, more frequent droughts, and a rush to secure legal rights to water supplies. Sustainable management of water resources for present and future generations will become all the more imperative as we face increasing pressure on limited supplies.

The quest for sustainable management has stimulated a movement for greater recognition of private property rights to attain efficient use and allocation of water. The World Bank and the International …

Thinking With Wolves: Left Legal Theory After The Right's Rise (Review Essay), Martha T. Mccluskey

Book Reviews

Reviewing Wendy Brown & Janet Halley, Left Legalism/Left Critique (2001).

Left legal theory is in crisis. This crisis reflects a broader problem of contemporary U.S. politics: the lack of grand ideas capable of mobilizing meaningful opposition to the triumph of the political right. Right-wing legal theory has contributed to that dramatic political change by promoting ideas questioning the foundations of the twentieth century liberal welfare and regulatory state.

This review essay analyzes a rare recent attempt to revive left legal theory in the face of the right's triumph: the anthology Left Legalism/Left Critique edited by Wendy Brown and Janet Halley …

Protecting Children From The Harmful Behavior Of Adults, Eric C. Shedlosky

Journal of Criminal Law and Criminology

No abstract provided.

Domestic Violence And Mandatory Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani

Journal of Criminal Law and Criminology

No abstract provided.

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …

Securitycom: A Multi-Player Game For Researching And Teaching Information Security Teams, Douglas P. Twitchell

Journal of Digital Forensics, Security and Law

A major portion of government and business organizations’ attempts to counteract information security threats is teams of security personnel. These teams often consist of personnel of diverse backgrounds in specific specialties such as network administration, application development, and business administration, resulting in possible conflicts between security, functionality, and availability. This paper discusses the use of games to teach and research information security teams and outlines research to design and build a simple, team-oriented, configurable, information security game. It will be used to study how information security teams work together to defend against attacks using a multi-player game, and to study …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers

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

This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of …

Russian Cultural Factors Related To Perceived Criminal Procedure Fairness: The Juxtaposition Of Policy And Practice, Olga B. Semukhina

Electronic Theses and Dissertations

The purpose of this study is to investigate the relationship between the Russian culture and citizens' perceived fairness of the new Criminal Procedural Code of Russia of 2001 (CPC of 2001). The CPC of 2001 is a key policy in the Russian criminal law reform with the purpose of implementing adversarial procedure elements in Russia. The existing literature has documented the lack of public support along with observed violations of the CPC's major provisions which as made this an important area for study. It is theorized that the apparent contradiction between the underlying values of the Russian culture, and CPC's …

Providing A Foundation For Analysis Of Volatile Data Stores, Timothy Vidas

Journal of Digital Forensics, Security and Law

Current threats against typical computer systems demonstrate a need for forensic analysis of memory-resident data in addition to the conventional static analysis common today. Certain attacks and types of malware exist solely in memory and leave little or no evidentiary information on nonvolatile stores such as a hard disk drive. The desire to preserve system state at the time of response may even warrant memory acquisition independent of perceived threats and the ability to analyze the acquired duplicate.

Tools capable of duplicating various types of volatile data stores are becoming widely available. Once the data store has been duplicated, current …

Perceptions Of Procedural And Distributive Justice In The September 11th Victim Compensation Fund, Brian H. Bornstein, Susan Poser

Nebraska College of Law: Faculty Publications

The September l1th Victim Compensation Fund (the Fund) was created in response to the terrorist attacks of September 11, 2001. Much has been written about the Fund, both pro and con, in both popular media and scholarly literature. Perhaps the most widely used term in referring to the Fund is "unprecedented." The Fund is intriguing for many reasons, particularly for its public policy implications and its impact on the claimants themselves.

The federal government has never before provided compensation to victims of terrorism through a special master who had virtually unlimited discretion in determining awards. Consequently, this formal allocation of …

Characteristics Of Facilities With Specialized Programming For Drinking Drivers And For Other Criminal Justice Involved Clients: Analysis Of A National Database, Cynthia L. Arfken, Sheryl Kubiak

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Offering specialized programming at substance abuse treatment facilities can help diversify clientele and funding sources, potentially enhancing the facilities' ability to survive and/or expand. Past research has shown that facilities only offering specialized programming for driving under the influence/driving while intoxicated offenders (DUI) are predominately private-for-profit owned. As criminal justice populations, both DUI and other criminal justice offenders, comprise a large proportion of those in community-based substance abuse treatment knowing facilities' characteristics would be important for administrators and policymakers to consider when updating programming, training staff or expanding capacity to ensure efficient use of scarce resources. However, while …

Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger

Journal of Criminal Law and Criminology

No abstract provided.

Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles

Journal of Criminal Law and Criminology

No abstract provided.

Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero

Journal of Criminal Law and Criminology

No abstract provided.

Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons

Journal of Criminal Law and Criminology

No abstract provided.

Analysis Of Mitochondrial Dna Coding Region Snps By Pyrosequencing, Kyle Robert Carl Parker

Electronic Theses and Dissertations

To date, the use of mitochondrial DNA in forensic analysis has relied on the presence of variations in the control region to differentiate between samples. One problem that this analysis has shown is the occurrence of common Haplogroup H haplotypes or identical sequences. Thus, there is a need to enhance the distinguishing power of this type of analysis. One option has been to investigate the mitochondrial coding region for polymorphisms that could differentiate between samples with identical control region haplotypes. The goal of this study has been to identify polymorphic coding region sites for development in a Pyrosequencing assay that …

Forensic Analysis Of C-4 And Commercial Blasting Agents For Possible Discrimination, Katie Steele

Electronic Theses and Dissertations

The criminal use of explosives has increased in recent years. Political instability and the wide spread access to the internet, filled with "homemade recipes," are two conjectures for the increase. C-4 is a plastic bonded explosive (PBX) comprised of 91% of the high explosive RDX, 1.6% processing oils, 5.3% plasticizer, and 2.1% polyisobutylene (PIB). C-4 is most commonly used for military purposes, but also has found use in commercial industry as well. Current methods for the forensic analysis of C-4 are limited to identification of the explosive; however, recent publications have suggested the plausibility of discrimination between C-4 samples based …

The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher

Journal of Criminal Law and Criminology

No abstract provided.

Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley

Journal of Criminal Law and Criminology

No abstract provided.

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Journal of Criminal Law and Criminology

No abstract provided.

Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell

Journal of Criminal Law and Criminology

No abstract provided.

Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Procedure In Perspective, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Journal of Criminal Law and Criminology

No abstract provided.

The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback

Journal of Criminal Law and Criminology

No abstract provided.