Legal Studies Commons^™

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

Faculty Publications By Year

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …

Criminology On Crimes Against Humanity: A North Korean Case Study, Megan Alyssa Novak

Theses and Dissertations

In the last century, modern technology has significantly increased human interaction across the globe. The growing globalization of our society has created new areas of interest for many academics. This thesis explores the topic of international crime—specifically, state perpetrated crimes against humanity. Criminologists have become increasingly interested in large-scale atrocities and several theories on the topic have been perpetuated in the last few decades. Through a case study, this research determined that current theories are capable of explaining crimes against humanity in North Korea. Additionally, the findings suggest that international institutions should create programs that utilize restorative justice techniques.

Science 108-002h Essentials Of Forensic Science Hybrid Fall 2015, Sybil Anderson

General Science

No abstract provided.

Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff

Psychology Faculty Scholarship

We conducted 2 studies to investigate how cultural stereotypes that depict Blacks as criminals affect the way Blacks experience encounters with police officers, expecting that such encounters induce Blacks to feel stereotype threat (i.e., concern about being judged and treated unfairly by police because of the stereotype). In Study 1, we asked Black and White participants to report how they feel when interacting with police officers in general. As predicted, Blacks, but not Whites, reported concern that police officers stereotype them as criminals simply because of their race. In addition, this effect was found for Black men but not Black …

Adult Justice In Nebraska 2015, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Jared Ellison, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …

The Forgotten Third Branch: The Supreme Court, Public Opinion, And The Media, Adrien Pitchman

HIM 1990-2015

The three branches of government rely on public engagement for the prosperity of the nation. Moreover, informed public opinion is a fundamental tenant of democracy. With that in mind, this paper aims to explore the relationship between the Judicial Branch and the public. Specifically, this paper examines and questions the Supreme Court’s efficacy communicating with the public. American constituents are inundated on a daily basis by the clamor of D.C. politics. The twenty four hour news cycle has given way to politicized headlines and exaggerated pundit commentary on contentious national issues. In a technological age where information is instant and …

Exploring The Legal Liability Of Genetically Modified Organisms And Their Impact On Society, Jarrett Davis

HIM 1990-2015

Controversy surrounds the use of Genetically Modified organisms (GMOs): whether the process of developing GMOs should be allowed, and if so, how they should be labeled. Efforts by activist groups have caused food associated with GMOs to carry a stigma, but farmers across the nation are fighting to continue to grow GMO crops and maximize their yield. In the 1970’s, GMOs were credited for assisting in the attempt to defeat world hunger and had a positive image. However, there has been a recent trend toward political and consumer resistance of food items that contains GMOs. A prediction of an abrupt …

Strategies For Enhanced Genetic Analysis Of Trace Dna From Touch Dna Evidence And Household Dust, Katherine Farash

Electronic Theses and Dissertations

In forensic casework it is often necessary to obtain genetic profiles from crime scene samples that contain increasingly smaller amounts of genetic material, called Low Template DNA (LTDNA). Two examples of LTDNA sources are touch DNA evidence and dust bunnies. Touch DNA refers to DNA that is left behind through casual contact of a donor with an object or another person. Touch DNA can be used to prove a suspect was present at a crime scene. Dust bunnies, or dust conglomerates, typically contain trapped shed skin cells of anyone in the vicinity along with fibers, dirt, hair, and other trace …

The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp

Journal of Criminal Law and Criminology

The 2013 book Deviant and Criminal Behavior in the Workplace addresses the psychological constructs, situations, and environments underlying active counterproductive workplace behaviors. Building on a diverse range of psychological findings, this book highlights that the field of criminology needs to expand outside of the realm of violence and instead look at how deviant workplace behaviors can tie into—and motivate—other types of crime.

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013.

One of the recommendations resulting from this technical assistance meeting was that …

Nebraska Center For Justice Reseach: 2015 Annual Report, Ryan E. Spohn, Jared M. Ellison

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This inaugural annual report summarizes the activities and financial status of NCJR in its first year

Colorado’S Legalization Of Medicinal Marijuana: The Effects On Nebraska’S Law Enforcement And Local Jail System, Jared M. Ellison, Ryan E. Spohn

Reports

With the passage of Amendment 20 in 2000 and Amendment 64 in 2012, Colorado legalized the medicinal and recreational use of marijuana. Subsequently, Nebraskan law enforcement agencies in border counties have reported increases in arrests and jail admissions for marijuana-related offenses. In response, the Nebraska Legislature passed Legislative Resolution 520 to study potential increased costs incurred by criminal justice agencies in border counties.

In order to better understand how Colorado drug policy may have affected counties along the border, we compared trends in marijuana-related criminal justice activity among county agencies following the enactment of both Amendments. Border county arrests, jail …

Adult Justice In Nebraska, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska. Our hope is to assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas …

Annual Report 2015, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This inaugural annual report summarizes the activities and financial status of NCJR in its first year. From a research standpoint, we are very excited about the reports our Center has produced in its inaugural year. For example, we created a Trends in …

The Completely Kids Liberty Project 2014-2015 Evaluation Results, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Completely Kids, Category One Consulting

Reports

The Completely KIDS (CK) program at Liberty Elementary was evaluated to determine its relationship with youth program outcomes. The data were analyzed and the report was compiled by Category One Consulting. On average students attended Completely KIDS 142 days, which is substantially higher than the previous two years. Students and parents rated the program very highly, both in terms of satisfaction and student outcomes. Students who attended more days of CK attended more days of school compared to students who attended less days of CK. Pre-K through second grade students who attended more days of CK tended to have better …

Justice Assistance Grant Strategic Plan 2016 To 2018, Anne M. Hobbs, Ryan E. Spohn

Reports

n 2015, the University of Nebraska at Omaha (UNO) began working in conjunction with Nebraska Commission on Law Enforcement and Criminal Justice (Nebraska Crime Commission or NCC) to create a 3-year strategic plan for the Edward Byrne Memorial Justice Assistance Grant (JAG) funding. The JAG Program, (42 U.S.C. § 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions, providing critical funding necessary to support a range of program areas. JAG funding is awarded annually and the applicant must show how funds will be used to improve or enhance the criminal justice system.

Nebraska Coalition Of Juvenile Justice Strength-Based Assessment, Ryan E. Spohn

Reports

The Nebraska Coalition for Juvenile Justice (NCJJ) was established in 1982, as required by the Juvenile Justice and Delinquency Prevention Act and acts as an advisory group to the Nebraska Crime Commission. In 2013, NCJJ submitted a technical assistance request for strategic planning to the State Relations and Assistance Division of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) seeking assistance in the development of an action oriented, strategic plan to guide its future activities. The OJJDP technical assistance meeting occurred on May 30th and 31st, 2013. One of the recommendations resulting from this technical assistance meeting was that …

Colorado’S Legalization Of Medicinal Marijuana: The Effects On Nebraska’S Law Enforcement And Local Jail System, Jared Ellison, Ryan E. Spohn

Reports

Purpose: Examine trends in law enforcement and corrections related to the possession and sale of marijuana in Nebraska subsequent to the legalization of medicinal marijuana in Colorado. Comparison groups of counties: We are assuming that the impact of marijuana in Colorado will be most substantial for Nebraska counties bordering Colorado. We assume that the next strongest impact will be for Nebraska counties along the I-80 corridor. The least impact of Colorado’s marijuana laws should be found in our “control counties” which neither border Colorado nor contain I-80.

Marijuana Enforcement In Nebraska (2009-2014), Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

Purpose Examine trends in law enforcement and corrections related to the possession and sale of marijuana in Nebraska in the first full year of recreational legalization in Colorado. County Group and Statewide Comparison According to the testimony of county and state officials in September 2014, counties along the border, in the panhandle, and along the I-80 corridor should be the hardest hit by increases in marijuana arrests, jail admissions and associated costs. These differences should be especially pronounced when these county groups are compared to the remainder of the counties in Nebraska. In addition, we compare these trends to overall …

Providing Context To The Clues: Recovery And Reliability Of Location Data From Android Devices, Connie Bell

Electronic Theses and Dissertations

Mobile device data continues to increase in significance in both civil and criminal investigations. Location data is often of particular interest. To date, research has established that the devices are location aware, incorporate a variety of resources to obtain location information, and cache the information in various ways. However, a review of the existing research suggests varying degrees of reliability of any such recovered location data. In an effort to clarify the issue, this project offers case studies of multiple Android mobile devices utilized in controlled conditions with known settings and applications in documented locations. The study uses data recovered …

An Offender's Perspective Of Correctional Education Programs In A Southeastern State, Boderick Bennett

Walden Dissertations and Doctoral Studies

Many offenders are incarcerated in U.S prisons with the intent of rehabilitation; however, a majority of these offenders will be released with limited options for employment. Recidivism has been linked to unemployment. The purpose of this multiple case study was to examine the lived experiences of 20 offenders involved in correctional education programs while incarcerated to explore their correctional education experience within the context of postincarceration employment. The theoretical foundation of this study was based on Bandura's self-efficacy theory. Narrative data were elicited pertaining to offenders' perceptions of past education experience, correctional education experience, and their perceived impact of the …

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

Her Ladyship Chief Justice: The Rise Of Female Leaders In The Judiciary In Africa, Josephine Dawuni, Alice J. Kang

Department of Political Science: Faculty Publications

In recent years, women have been selected as leaders of African judiciaries. This article identifies where and when women have become chief justices and presidents of constitutional courts from 1990 to 2014. We profile women from three civil-law and three common-law countries and find that the women selected meet or exceed the requirements for holding the highest position in the judiciary. We then explore why some African countries, but not others, have had female judicial leaders. We initially find that the selection method may be less important than the type of legal system, the commitment of gatekeepers, the end of …

Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma

Journal of Digital Forensics, Security and Law

Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when litigation is reasonably anticipated. All information that relates to potential litigation must be preserved from the time it becomes reasonably apparent that litigation is possible until the expiration of the statute of limitations. If steps are not taken to properly …

To License Or Not To License Reexamined: An Updated Report On State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Alan Rea, Doug White

Journal of Digital Forensics, Security and Law

In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters.

As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Open Forensic Devices, Lee Tobin, Pavel Gladyshev

Journal of Digital Forensics, Security and Law

Cybercrime has been a growing concern for the past two decades. What used to be the responsibility of specialist national police has become routine work for regional and district police. Unfortunately, funding for law enforcement agencies is not growing as fast as the amount of digital evidence. In this paper, we present a forensic platform that is tailored for cost effectiveness, extensibility, and ease of use. The software for this platform is open source and can be deployed on practically all commercially available hardware devices such as standard desktop motherboards or embedded systems such as Raspberry Pi and Gizmosphere’s Gizmo …

The Use Of Ontologies In Forensic Analysis Of Smartphone Content, Mohammed Alzaabi, Thomas A. Martin, Kamal Taha, Andy Jones

Journal of Digital Forensics, Security and Law

Digital forensics investigators face a constant challenge in keeping track with evolving technologies such as smartphones. Analyzing the contents of these devices to infer useful information is becoming more time consuming as the volume and complexity of data are increasing. Typically, such analysis is undertaken by a human, which makes it dependent on the experience of the investigator. To overcome such impediments, an automated technique can be utilized in order to aid the investigator to quickly and eciently analyze the data.In this paper, we propose F-DOS; a set of ontologies that models the smartphone content for the purpose of forensic …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A 3-D Stability Analysis Of Lee Harvey Oswald In The Backyard Photo, Srivamshi Pittala, Emily Whiting, Hany Farid

Journal of Digital Forensics, Security and Law

Fifty years have passed since the assassination of U.S. President Kennedy. Despite the long passage of time, it is still argued that the famous backyard photo of Oswald, holding the same type of rifle used to assassinate the President, is a fake. These claims include, among others, that Oswald’s pose in the photo is physically implausible. We describe a detailed 3-D stability analysis to determine if this claim is warranted.