Legal Studies Commons^™

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 …

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Stress, Mental Health, And Substance Abuse Problems In A Sample Of Diversion Program Youths: An Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Laura M. Gulledge, Lora M. Karas, Ken C. Winters, Steven Belenko, Paul Greenbaum

Faculty Publications

Reflective of interest in mental health and substance abuse issues among youths involved with the justice system, we performed a latent class analysis on baseline information collected on 100 youths involved in two diversion programs. Results identified two groups of youths: Group 1: a majority of the youths, who had high levels of delinquency, mental health, and substance abuse issues; and Group 2: youths with low levels of these problems. Comparison of these two groups on a variety of psychosocial measures and parent/guardian reports found differences between them that were consistent with their problem group classification. Follow-up analysis confirmed problem …

Understanding The Public Health Challenges In The Era Of Mass Incarceration. President Travis' Keynote Speech At The Fifth Annual Academic And Health Policy Conference On Correctional Health On March 22, 2012 In Atlanta, Ga., Jeremy Travis

Publications and Research

No abstract provided.

Research Toward A Partially-Automated, And Crime Specific Digital Triage Process Model, Gary Cantrell, David Dampier, Yoginder S. Dandass, Nan Niu, Chris Bogen

Computer Sciences and Electrical Engineering Faculty Research

The digital forensic process as traditionally laid out begins with the collection, duplication, and authentication of every piece of digital media prior to examination. These first three phases of the digital forensic process are by far the most costly. However, complete forensic duplication is standard practice among digital forensic laboratories.

The time it takes to complete these stages is quickly becoming a serious problem. Digital forensic laboratories do not have the resources and time to keep up with the growing demand for digital forensic examinations with the current methodologies. One solution to this problem is the use of pre-examination techniques …

The Causes And Effects Of Get Tough: A Look At How Tough-On-Crime Policies Rose To The Agenda And An Examination Of Their Effects On Prison Populations And Crime, Cheyenne Morales Harty

USF Tampa Graduate Theses and Dissertations

The paper analyzes the rise of get-tough crime legislation to the American public policy agenda and examines the effects of these policies on crime and inmate populations. Get-tough policies analyzed include sentencing reform, the War on Drugs and collateral consequences. Because there is no empirical literature on the effect of collateral consequences on crime, the paper employed an OLS regression model partly derived from institutional anomie theory to test for criminogenic effects. The study then employed OLS regression analysis to determine the affect of these independent variables on crime rates in each of the 50 states. The study concluded that …

Population Dynamics And The Characteristics Of Inmates In The Cook County Jail, David E. Olson, Sema Taheri

Criminal Justice & Criminology: Faculty Publications & Other Works

An overview of the population characteristics and population dynamics in the Cook County Illinois Jail in 2011.

The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin

San Diego Law Review

Legal Realism has undergone a revitalization in academia. In a series of articles over the past decade and a half, and in a 2007 book, Brian Leiter has offered a "philosophical reconstruction" of Legal Realism... In the forthcoming Article, I will seek to clarify further the normative dimension of Legal Realism. I will suggest that it is a mistake to divide Legal Realists into quietist camps. This is because these terms refer to two distinct phenomena. Nonquetism in a view of the lawmaking role: judges are legislators-they make law and policy plays a role in their lawmaking. Quietism reflects a …

Deconceptualizing Artists' Rights, Steven G. Gey

San Diego Law Review

During the last three decades, visual artists and their supporters have convinced several states and the federal government to enact legislation protecting the moral rights of artists. This effort culminated in the federal government’s enactment of the Visual Artists Rights Act of 1990. These statutes protect various aspects of art, including most importantly artistic integrity, which gives artists the right to prevent the intentional distortion, mutilation, or other modification of an artistic work if the modification would damage the artist’s reputation. These statutes have recently come under attack, surprisingly, from within the art community itself. Professor Amy Adler recently published …

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.

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

Joint Task Force In Reducing Human Trafficking, Jessica M. Lopez

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This Master‟s level thesis paper discusses the important topic of human trafficking. As this paper will explore, human trafficking is a very heinous crime that involves women, children and families and is a crime against humanity. It involves the illegal trading of human beings for personal gain in the form of forced labor, sexual exploitation and even slavery. Each and every year human beings are recruited, tricked, transferred and harbored as slaves. This is an international crime and each country is affected by trafficking, whether it is as a country of destination, transit or origin destination for victims.

Media Bias Toward The Colorado Springs Police Department: An Analysis Of The Existence Of Bias Through Three Eras Of Police Chiefs /, Jennifer Walden

Regis University Student Publications (comprehensive collection)

Research has been conducted for decades examining bias in the media, specifically toward targeted groups and organizations such as politicians and public agencies. The intention of this study is to examine written media news stories surrounding the time period of three local police chiefs from 2001 through 2011 to determine the existence of bias toward the Colorado Springs Police Department. The research conducted during this study adds to existing research and literature which assesses the unpredictable relationship between the police department and the media. It expands on the need for a police department to utilize its public information officer and …

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …

Securing Our Community Through The Emergency Medical Services Sector, Michael Linehan

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

Keeping the nation resilient; that is a nation able to withstand any threat or catastrophe is a primary goal of the United States Government. Ever since 9-11 our nation has had to face the reality that we can be vulnerable to threats from forces outside our control. We have had to re-examine the threats that we face and how we can better deal with them in the best way possible.

The following project will explore the many facets connected to making a resilient society. My area of expertise within the emergency services management gives me the unique perspective as a …

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 …

Critical Pedagogy In Criminal Justice Higher Education: A Liberative Paradigm, Alyson Kershaw

Online Theses and Dissertations

The traditional model of education focuses on the preservation of the status quo that prevents students from the ability to think critically about their world. This has the potential to produce constraints as students not only become criminal justice practitioners, but also engaged members of society. The traditional model is particularly problematic in the criminal justice field due to the potential harms that can result. In an effort to contest the traditional model of education, a number of scholars including Paulo Freire and Henry Giroux advocate for a critical pedagogical model that liberates individuals from oppressive constraints in the education …

Identity Theft: A Problem Of Complex Systems Or Moral Panic?, Matthew Timothy Tracy

Theses Digitization Project

The purpose of this project showed that identity theft can take on many forms including the theft of bank account numbers, photo ID's, drivers licenses, social security numbers, or credit card numbers. This problem deserves more attention and research than it is currently receiving. Some people view identity theft as an unstoppable crime.

Ex-Prisoners' Reintegration Into Society: A Look At How Employment Affects Reintegration, Cynthia Beatriz Urrutia

Theses Digitization Project

The purpose of this study is to find out if having employment deters ex-prisoner's involvement in illegal economic activities. The number of adults in the correctional population has been increasing at a fast pace and so have recidivism rates. Employment has been recongnized to deter recidivism.

Effects Of Prisoner Location On Visitation Patterns, Anjannette Monroe

McNair Scholars Research Journal

This study explores factors related to visitation patterns for prisoners under Ohio Department of Rehabilitation and Corrections (ODRC). A quantitative data analysis was conducted using a database provided by the ODRC which encompassed visits and demographics on incarcerated prisoners (N=50,551) from January 2006 until July 19, 2011. Qualitative analyses depicted a hypothetical visitor’s experience including calculations of transit distances/duration for inmate visits. Hypotheses posited for this study included: (1) there is a negative correlation between travel distances/costs and visitation frequency; (2) inmate relocation to more distant facilities negatively affects visitation patterns; (3) inmate visitation will be greater during early incarceration …

Phenomenological Theories Of Crime, Peter K. Manning, Michael W. Raphael

Graduate Student Publications and Research

The distinctive aspect of phenomenological theories of crime is that they are based upon a stated epistemology: how things are known and a specific ontology—the nature of social reality. This specificity aligns itself with neo-Kantian concern with forms of knowing, interpretation, and meaning, as well as with 20th-century concern with perception, cognition, and the framing of events. While there are influences of phenomenological thinking on varieties of theorizing, such as symbolic interactionism, critical theory, queer theory, and gender-based theories of crime, these ideas are refractions and are inconsistent in their reference to and understanding of the foundational phenomenological works. A …

Ua12/8 Wku Police, Wku Archives

WKU Archives Collection Inventories

Records created by and about the WKU Police Department.

Research Brief One-Sheet No.3: Police Drug Corruption: What Are The Drugs Of Choice?, Philip M. Stinson, John Liederbach, Steven L. Brewer, Hans Schmalzried, Brooke E. Mathna, Krista L. Long

Criminal Justice Faculty Publications

Police scandals during the 1980s and 90s exposed dramatic cases of drug-related corruption in a number of large American cities. The scandals in New York City culminated in the establishment of the Mollen Commission which focused on the investigation of corruption within the New York City Police Department (NYPD). The two year investigation identified a nexus between police misconduct and the operation of local drug markets, in particular cocaine and crack. A handful of scholarly studies from the same period provide the basis for most of our knowledge on the problem of drug-related police corruption. Data from these studies are …

Research Brief One-Sheet No.4: Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

Officer-Involved Domestic Violence (OIDV) refers to instances of domestic and/or family violence that occur within police families. OIDV has been recognized as an important issue for both police scholars and practitioners. The movement to recognize OIDV gained momentum through the last two decades, beginning with exploratory research that linked police stress and family violence (Johnson, 1991). The movement also involved enactment of the Violence Against Women Act (1994) and the Lautenberg Amendment to the federal Gun Control Act that prohibits individuals—including police officers—from owning or using a firearm if they are convicted of a misdemeanor crime of domestic violence. The …