Legal Studies Commons^™

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Touro Law Review

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

Conceptual Complexity And Terrorist Rhetoric: Examining Conceptual Complexity’S Role In Political Violence, Westley S. Hunter

Honors Undergraduate Theses

It is well-documented that leaders' conceptual complexity can affect their decision-making, but what about its broader effects on political violence? While Hermann & Sakiev (2011) and Conway & Conway (2011) have examined terrorists' conceptual complexity before attacks, this study generates a more extensive analysis by examining weapon types and target types. This research explored the connection between a terrorist leader's level of conceptual complexity and the violent attacks their organizations commit, arguing that complexity lowers before an attack and after the 9/11 terrorist attacks. It employed a content analysis of Osama bin Laden's rhetoric from 1999 to 2003 to discern …

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 Aid Amid Bureaucracy, Amanda Reinke, Nicole Bevilacqua

Faculty Articles

Disaster lawyers navigate bureaucratic impediments to insuranceclaims and settlement and federal recovery and relief, and they actas third-party facilitators for disaster-affected clients to help enable theirsurvival efforts. The roles of such lawyers in navigating paperwork andbureaucratic processes on behalf of survivors, while assisting them inmeeting basic daily needs, has become seen as being integral to recoveryin these processes. We utilise findings from semi-structured interviewswith disaster law practitioners working with disaster survivors in thesouth-eastern United States (SEUS) to examine the bureaucratic socio-legallife of disasters. We marshal bureaucratic violence literature to analysedisaster law practitioners’ perspectives of the socio-legal nature ofdisasters in the …

Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan

Themis: Research Journal of Justice Studies and Forensic Science

In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …

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

Juror Perceptions Of Heterosexual And Same-Sex Spousal Rape In The Courtroom, Haley D. Hintz

Lewis Honors College Thesis Collection

Approximately 10-15% of American women will be raped by a spouse in their lifetime (Bureau of Justice Statistics, 2002). Research suggests that the American public regards spousal rape as wrong but not rape (Lynch et al., 2017). Research on spousal rape has centered on heterosexual couples despite a higher likelihood that LGBTQ+ individuals will experience severe intimate partner violence (IPV) (Rollé et al., 2019). Therefore, the present study investigated mock juror perceptions of spousal rape of heterosexual and same-sex couples in the courtroom. We employed a 2 (victim gender) x 2 (defendant gender) x 2 (participant gender) between-participants design. Participants …

The Lasting Impact Of Deinstitutionalization: Policing And The Mental Health Crisis, Ruqayyah Sorathia

Themis: Research Journal of Justice Studies and Forensic Science

Society is combating the detrimental effects of the deinstitutionalization policy, which transferred the treatment of mentally ill patients from state-run psychiatric hospitals to community-run psychiatric facilities. These patients frequently fall into relapses and are more likely to experience risky encounters with law enforcement officials who have no formal training in dealing with them. The paper analyzes the criminalization of mentally ill people, many with substance abuse and alcohol addictions, receiving treatment in jails and state prisons. Incarcerating people with mental illness, though reducing the homeless population from the street and disturbances faced by the public, still does not address the …

What Is Wrong With Monetary Sanctions? Directions For Policy, Practice, And Research, Brittany Friedman, Alexes Harris, Beth Huebner, Karin Martin, Becky Pettit, Sarah Shannon, Bryan Sykes

Criminology and Criminal Justice Faculty Works

Monetary sanctions are an integral and increasingly debated feature of the American criminal legal system. Emerging research, including that featured in this volume, offers important insight into the law governing monetary sanctions, how they are levied, and how their imposition affects inequality. Monetary sanctions are assessed for a wide range of contacts with the criminal legal system ranging from felony convictions to alleged traffic violations with important variability in law and practice across states. These differences allow for the identification of features of law, policy, and practice that differentially shape access to justice and equality before the law. Common practices …

Reinforcing The Web Of Municipal Courts: Evidence And Implications Post-Ferguson, Beth Huebner, Andrea Giuffre

Criminology and Criminal Justice Faculty Works

Investigations in Ferguson, Missouri, revealed that many individuals, particularly Black people, entered the criminal justice system for relatively minor offenses, missed court appearances, or failure to pay fines. Municipal courts were focused on revenue generation, which led to aggressive enforcement of municipal codes. Although subsequent reforms were passed, little is known about whether and how the legislative changes influenced the law-in-action in the municipal courts. Using data from qualitative interviews with St. Louis area residents and regional court actors, as well as court observations, this article documents the legal structure of municipal courts in the region after Ferguson. We address …

Private Probation Costs, Compliance, And The Proportionality Of Punishment: Evidence From Georgia And Missouri, Beth Huebner, Sarah Shannon

Criminology and Criminal Justice Faculty Works

Probation is the most commonly imposed correctional sanction, is often accompanied by supplementary costs, and can be operated by the state or private companies. Private probation is a unique sanction used in lower courts, most often for misdemeanor offenses, and is managed by third-party actors. We focus on documenting the process and unique costs of private probation, including the rituals of compliance and proportionality of punishment. We use data from interviews with individuals on private probation and local criminal justice officials as well as evidence from court ethnographies in Georgia and Missouri. For individuals on private probation, payment of monetary …

Quantitatively Comparing Elite Formation Over A Century: Ministers And Judges, John Hogan

Datasets

The abstract of the draft article that the datasets come from states:

In democratic societies the role of the education system is seen as crucially important to their development. It is critical in structuring society and in the value of its human and social capital. In particular, the role played by the education system in the creation and reproduction of the governing elites, and its countervailing potential to create a more meritocratic and egalitarian society has been an enduring topic of concern, research and debate. However, many of these debates have been rendered opaque by an inability to quantitatively examine, …

Justice By Geography: The Role Of Monetary Sanctions Across Communities, Gabriela Kirk, Kristina Thompson, Beth Huebner, Christopher Uggen, Sarah Shannon

Criminology and Criminal Justice Faculty Works

Monetary sanctions are a ubiquitous part of court systems. Previous studies have focused largely on these sanctions at the state level or solely on large urban jurisdictions. However, court systems differ considerably across communities of varying population size, composition, and density. This article examines how differences in court structure and organizational dynamics in communities across the rural-urban continuum lead to differences in how court actors consider the role of monetary sanctions. Using interviews with court actors and ethnographic observations in communities across four states, we find that the practical and symbolic nature of monetary sanctions varied by the acquaintanceship density …

The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock

Themis: Research Journal of Justice Studies and Forensic Science

The Trump Administration brought substantive changes to United States immigration policies, and labeled undocumented immigrants as predisposed towards criminal behavior. This paper presents a brief historical perspective of three major waves of Mexican immigration to the United States: The Early 1900s – Before World War I, Post-World War I – World War II, End of Bracero Accord – Present, and considers the relationship between immigrants and crime. The author explores contemporary immigration enforcement, both conservative and liberal attitudes towards immigrants, and their effects on policy. Consequences of border enforcement policies and the efficacy of border enforcement in preventing crime are …

The Impact Of Intimate Partner Violence On Women's Financial Wellbeing, Rowan Dunton

Themis: Research Journal of Justice Studies and Forensic Science

Domestic violence and intimate partner violence against women affects all aspects of their health, including physical, mental, emotional, and economic health. When social programs, support networks, and better opportunities exist to improve the lives of female survivors, the financial impact of their abuse can be addressed and reduced in a significant, sustainable manner. Reviewing existing literature on this financial impact of abuse makes it apparent what women want and need to recover from their former, or even ongoing, situations. Effective preventative measures against financial harm include closing the gender wage gap and offering welfare programs for lower-income women to increase …

Teaching A Hybrid Administrative Law Simulation Class Using Jurassic Park, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

For more than a decade, educators and scholars have been calling for changes in methods of instruction, especially in higher education, based on developments in the field of learning science. This has been true for legal education as well, but additionally based on fundamental shifts in the way legal employers, especially law firms, hire and train new lawyers? These suggested changes for legal education include more emphasis on professional skills training, leadership development, and teamwork. While there has been no dearth of writing about the need for change in legal education, and even about specific outcomes or goals for legal …

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 …

The Criminal Justice System And The Lgbtq Community: An Anti-Queer Regime, Steven Peck

Themis: Research Journal of Justice Studies and Forensic Science

The LGBTQ community in the US, while experiencing great strides in social equality, continues to suffer disproportionately in the criminal justice system. Historical precedents of criminalizing the LGBTQ community are rife within the criminal justice system; the establishment of anti-sodomy laws, belief of inherent criminality, and a heteronormative perspective have all fostered a greater anti-queer regime. The criminalization and incarceration of the LGBTQ community remain steadfastly in place, with little to no reprieve. Establishing a new narrative in the criminalization and imprisonment of the LGBTQ community may assist in efforts to achieve real change within the criminal justice system. Moving …

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

An Appetite For Crime: Case Studies Of Cannibalism And The Criminological Theories That Explain It, Eponine Romo

Undergraduate Honors Theses

One of the most important aspects of studying crime is identifying how and why certain crimes happen. There are several questions one should ask: Why did this event happen? What caused this to happen? How could it have been stopped? Criminologists use various theories to seek the answer to these questions regarding diverse types of crimes from petty crimes, such as stealing a pack of gum to major, violent crimes, such as cannibalism, the latter of which will be analyzed here. The goal is to prevent these crimes from happening in the future by identifying why they are happening now. …

The Effects Of Incarceration On Depression And Anxiety In Juveniles, Melanie Alfonso

Honors Undergraduate Theses

Adolescents within the juvenile system suffer from a multitude of physical and mental health issues. Previous studies have linked incarceration to poor health in juveniles, but very few have been able to claim incarceration is the cause for the mental health issues found in incarcerated juveniles. Whether juveniles go into the system with pre-existing mental health disorders or not, still many factors are associated with the development of mental disorders while incarcerated. Based on what the field knows and does not know about the link between juvenile incarceration and mental health, the goal of this study was to determine if …

The Need To Enact Federal, Environmental-Friendly Incentives To Facilitate Infrastructure Growth Of Electric Automobiles, Vamsikrishna Karanam

Honors Undergraduate Theses

As newer technological advancements are developed and introduced, a question regarding their adoption into society has become known. If such advancements in technology mutually benefit the people using them as well as the environment we live in, should there not be provisions in place to incentivize the creation and purchase of these technological advancements.

Electric vehicles are an advancement of technology that is currently available for widespread adoption in the transportation sector of our country. However, questions as to why EVs should be adopted will be asked by critics. That is the question this thesis attempts to answer. Our global …

“Stay Home, Save Lives": A Study On Covid-19 And Intimate Partner Violence, Grace E. Messina

Honors Undergraduate Theses

With the introduction of COVID-19, preliminary data suggests that the forms and frequency of abuse relating to intimate partner violence (IPV) have changed. Most of society was unaware of the arising silent pandemic which was happening to the individuals in abusive relationships who were being quarantined with their abuser. The IPV resources were extremely aware of this silent pandemic due to large numbers of individuals seeking emergency shelter. However, there was only a priority for public safety due to COVID-19 when in hindsight, there needed to be a balance of public safety as well as increased aid for the individuals …

Understanding Barriers To Leaving Abusive Military Relationships, Christina Lopez Gonzalez

Honors Undergraduate Theses

This research investigates intimate partner cyber abuse (IPCA), physical, sexual, and psychological intimate partner violence (IPV) in which the abuser is on active duty, reserve, or a veteran service member within the United States Armed Forces. Using an online survey, I gathered quantitative and qualitative data. I also presented a case study of a woman who experienced IPV within her relationship with a United States Armed Forces member. Specifically, I (1) explored the barriers that this victim encountered when seeking help or leaving the abusive relationship that may be unique to the military context, and (2) examined the context of …

Digital Forensic Investigation, Dejuan Green

Cybersecurity Undergraduate Research Showcase

Finding, acquiring, processing, analyzing, and reporting data on electronically stored data is the main goal of the forensic science discipline known as "digital forensics." Nearly all illegal acts include the use of electronic evidence, making digital forensics support essential for law enforcement investigations. Furthermore, digital forensics is very important to cases aiding in many cases and can lead to saving lives/ victims and locking up criminals. A wide range of devices, including laptops, cellphones, remote storage, unmanned aerial systems, shipborne equipment, and more, can be used to gather electronic evidence. [2] Digital forensics' major objective is to take data from …

Complex Dna Mixture Deconvolution By Single Cell Genomics: Direct Physical Cell Subsampling And High Sensitivity Dna Typing, Kaitlin Huffman

Electronic Theses and Dissertations, 2020-2023

Biological evidence is often found at crime scenes and can comprise of DNA from the victim(s) and perpetrator(s) to a crime as well as from individuals with no direct relationship to the incident. This can complicate analysis as DNA mixtures are one of the more difficult sources of biological evidence to interpret. Probabilistic genotyping (PG) has greatly aided in mixture analysis. However, even with PG, standard bulk mixture approaches do not always result in probative results as allele overlap, artifacts, or low-level minor contributors inevitably cause genotype information loss. Therefore, deconvolution of forensic DNA mixtures into their individual component DNA …

Assessing The Relative Influence Of Interpersonal Relationship Factors On Probationer Rule Compliance, Lucas Alward

Electronic Theses and Dissertations, 2020-2023

The quality of probation officer-client therapeutic alliance (TA) can result in improvements in supervision success including reduced rearrest and non-compliance. However, less is known about how clients' perceptions of procedural justice during interactions with their probation officer (PO) influence the quality of the PO-client TA and impact supervision outcomes. While extant research supports the importance of procedural justice for shaping citizen's legitimacy beliefs and compliance to the law within policing, we know little about how and whether these concepts influence the PO-client TA in community supervision and whether they impact compliance. Using self-reported survey data collected from a sample of …

"Taken In By The 'Man In A White Van' Story": The Digital Activism Efforts Of One Women's Civic Leadership Organization In Human Trafficking Awareness, Alex Rister

Electronic Theses and Dissertations, 2020-2023

Feminist activism in the digital age leverages technology to raise awareness of, and to mobilize support for, important issues and causes. Human trafficking is one such cause, and preventing it is included as a United Nations Sustainable Development Goal to achieve gender equality and empower women and girls. This study sought to understand the digital activism strategies of one women's civic leadership organization, the Junior League, for human trafficking awareness. In addition, this project analyzed how those digital activism strategies did or did not align with social justice approaches to human trafficking and how those digital activism strategies did or …