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Articles 7171 - 7200 of 15108

Full-Text Articles in Legal Studies

Legal Tools For Lnstream Flow Protection, Sandi Zellmer Jan 2008

Legal Tools For Lnstream Flow Protection, Sandi Zellmer

Nebraska College of Law: Faculty Publications

Across North America, flow alterations and diversions have led to the depletion of stream flow-reliant ecosystems and ecosystem services. In western states and provinces, the law historically considered water left in the stream to be wasted. Western state laws encouraged full appropriation of rivers and streams, primarily to satisfy the need to divert water to arid areas for economic and domestic purposes. In Eastern states and provinces, stream flows have been altered and depleted through channelization, dams, levees and other structural changes. By the 1970s, "salmon populations were crashing, riparian habitat was being lost, and . . . legendary rivers …


Protecting Whistleblowers By Contract, Richard E. Moberly Jan 2008

Protecting Whistleblowers By Contract, Richard E. Moberly

Nebraska College of Law: Faculty Publications

Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower's claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …


Participant Perceptions And Decision-Making Concerning Retirement Benefits, Colleen E. Medill Jan 2008

Participant Perceptions And Decision-Making Concerning Retirement Benefits, Colleen E. Medill

Nebraska College of Law: Faculty Publications

From 1964 until 2002, the State of Nebraska sponsored a defined contribution plan for its employees. During this period, the plan was unique among state pension plans because it was an individual account-type plan that offered participants the choice of a lump sum or annuity distribution upon retirement. Such a choice presents the opportunity to learn more about how individuals perceive financial risks and weigh various factors when deciding how to access their retirement benefits. This study reports the results of a new survey of Nebraska state workers who retired or terminated employment in 1997. The results offer a perspective …


The Retirement Distribution Decision Ten Years Later: Results From An Empirical Study, Colleen E. Medill Jan 2008

The Retirement Distribution Decision Ten Years Later: Results From An Empirical Study, Colleen E. Medill

Nebraska College of Law: Faculty Publications

From 1964 until 2002, the State of Nebraska sponsored a defined contribution plan for its employees. During this period, the plan was unique among state pension plans because it was an individual account-type plan that offered participants the choice of a lump-sum or annuity distribution upon retirement. Such a choice presents the opportunity to learn more about how individuals perceive financial risks and weigh various factors when deciding how to access their retirement benefits. This study reports the results of a new survey of Nebraska state workers who retired or terminated employment in 1997. The results offer a perspective on …


Boom And Bust On The Great Plains: Déjà Vu All Over Again, Sandra Zellmer Jan 2008

Boom And Bust On The Great Plains: Déjà Vu All Over Again, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Two books published in 2006 provide a compelling portrait of the "boom and bust" cycles that have plagued the Great Plains since European settlement. The Worst Hard Time: The Untold Story of Those Who Survived the Great American Dust Bowl and Ogallala Blue: Water and Life on the High Plains stand beside Mark Reisner's classic study of western water resources, Cadillac Desert, and Wallace Stegner's tribute to one of America's greatest conservationists, Crossing the Next Meridian: John Wesley Powell and the Second Opening of the West, as "must read" books for anyone who cares about the future of …


That's Life:An Examination Of The Direct Consequences Of Life-Sentence Imprisonment For Adult Males Within The Irish Prison System, Clara Geaney Jan 2008

That's Life:An Examination Of The Direct Consequences Of Life-Sentence Imprisonment For Adult Males Within The Irish Prison System, Clara Geaney

Dissertations

Although Ireland compares relatively well in terms of international crime rates, there has been an increase in the number of prisoners serving life-sentences in the Republic. The current system for managing life-sentence prisoners in this jurisdiction is that they are likely to earn their temporary release after having served about fifteen years in prison. However, there is limited research in Ireland on the effects of imprisonment, and certainly for life-sentence prisoners, criminology in the Republic has failed to examine the issues faced by this group at all. Very little is understood about the coping mechanisms specific to life-sentence prisoners; the …


Bullying: An Adult Perspective From Educators Who Work Predominately With African American Students, Rebecca A. Robles-Piña, Anthony Harris, Rachel Porias Jan 2008

Bullying: An Adult Perspective From Educators Who Work Predominately With African American Students, Rebecca A. Robles-Piña, Anthony Harris, Rachel Porias

Contemporary Issues in Juvenile Justice

A survey of 31 teachers and counselors who work predominantly with African American students about bullying revealed these findings: Analyses by individual questions indicated that participants (a) disagreed that bullies and victims were of any particular ethnic group, (b) were unsure about whether gender impacted bullying and whether bullying had decreased (c) agreed that pairing loners with other students was a good intervention and that victims tended to be students with special needs, and (d) strongly agreed that bullies have feelings of power and control. Analyses by categories and demographic characteristics indicated no statistically significant differences for gender and job …


Situationist Torts, John D. Hanson, Michael Mccann Jan 2008

Situationist Torts, John D. Hanson, Michael Mccann

Law Faculty Scholarship

This Article calls for a situationist approach to teaching law, particularly tort law. This new approach would begin by rejecting the dominant, common-sense account of human behavior (sometimes called dispositionism) and replacing it with the more accurate account being revealed by the social sciences, such as social psychology, social cognition, cognitive neuroscience, and other mind sciences. At its core, situationism is occupied with identifying and bridging the gap between what actually moves us, on one hand, and what we imagine moves us, on the other. Recognizing that gap is critical for understanding what roles tort law (among other areas of …


The Experience Of Young People Remanded In Custody: A Case For Bail Support And Supervision Schemes, Sinead Freeman Jan 2008

The Experience Of Young People Remanded In Custody: A Case For Bail Support And Supervision Schemes, Sinead Freeman

Articles

This article focuses on the potential role and benefits bail support and supervision(BSS) schemes may have for young people in the Irish context. This article is based on a wider Ph.D study examining the issue of coping on remand. The research used court observation and semi-structured interviews conducted with young prisoners aged 16 to 21 years in remand custody. The findings indicate that young people often end up in remand custody as a result of non-compliance with bail. The case is made arising from the research, that the operation of bail support and supervision (BSS) schemes may benefit these young …


Natural Law - A Libertarian View, Anthony D'Amato Jan 2008

Natural Law - A Libertarian View, Anthony D'Amato

Faculty Working Papers

What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …


Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler Jan 2008

Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler

Faculty Working Papers

Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …


Gang Membership, Drug Sales, Violence, And Guns, Jose Fabian Gonzalez Dominquez Jan 2008

Gang Membership, Drug Sales, Violence, And Guns, Jose Fabian Gonzalez Dominquez

Theses Digitization Project

The purpose of this study is to examine three factors relating to drug arrests using secondary data analysis. First, ethnic characteristics of a dealer were analyzed according to the location from where they sold their product. Next, possible factors associated with a police officer using force at the time of a drug arrest were also analyzed. Finally, factors associated with a gun being present at the time of a drug arrest were also analyzed.


Gang Activity In San Bernardino, California: A Needs Assessment For Operation Phoenix, Mario Leone Rogers Jan 2008

Gang Activity In San Bernardino, California: A Needs Assessment For Operation Phoenix, Mario Leone Rogers

Theses Digitization Project

This research study examined an innovative gang approach in the city of San Bernardino called Operation Phoenix. The purpose of this study was to conduct a needs assessment for Operation Phoenix. This qualitative and quantitative study examined how effective Operation Phoenix was in the prevention, intervention, and suppression of gang activity in the city of San Bernardino. In addition it assessed the unique needs of this comprehensive gang program.


Examining The Effects Of Abuse On Girls In Gangs, Champagne Monique Ford Jan 2008

Examining The Effects Of Abuse On Girls In Gangs, Champagne Monique Ford

Theses Digitization Project

The purpose of this study is to encourage further study and attention to girls that are at high risk of becoming members of a gang. The more that can be learned about this group the more can be done to implement appropriate policies and programs to effectively target and assist this population. This study is based on an existing data set that profiled the needs and characteristics of girls that were incarcerated May 1996 at a California Youth Authority facility in Ventura, now called The Division of Juvenile Justice.


The Nine Reasons Why Inmates Offend: Rational Choice And Determinism, Anthony Robert Carbo Jan 2008

The Nine Reasons Why Inmates Offend: Rational Choice And Determinism, Anthony Robert Carbo

Theses Digitization Project

The purpose of this study was to consolidate the myriad theories of crime and create a comprehensive list of reasons a person may violate the law. This thesis aimed to accurately identify and categorize the general criminal motivations of sentenced inmates at Glen Helen Rehabilitation Center (GHRC). By administering a survey to sentenced inmates this study supported the research hypothesis that all of the participants would agree that they had committed their illegal act due exclusively to one or more of the nine reasons discussed.


The Effects Of Megan's Law On The Reintegration Of Child Sex Offenders, Trisha Marie Tenorio Jan 2008

The Effects Of Megan's Law On The Reintegration Of Child Sex Offenders, Trisha Marie Tenorio

Theses Digitization Project

This study looked at the effects Megan's Law has on the reintergration of child sex offenders. Previous research notes the harsh consequences sex offenders endure as a result of their registration. This proposal attempts to understand the social and psychological consequences of community notification for offenders trying to assimilate back into society. The current study focuses only on the results dealing with the effects of community notification on registered sex offenders.


Measuring Crime Prevention Through Environmental Design (Cpted) In Shopping Centers, Anchalee Roongsittchichai Jan 2008

Measuring Crime Prevention Through Environmental Design (Cpted) In Shopping Centers, Anchalee Roongsittchichai

Theses Digitization Project

Crime Prevention Through Environmental Design (CPTED) is routinely implemented in development and planning to deter crime and to prevent opportunity for criminals. This study focused on shopping malls and shopping centers as they are important places where Americans spend a lot of their leisure time. There are a variety of activiites occuring at the malls as well as many types of crimes. This study examined the level of CPTED used in shopping centers in the assessment of public fear of crime.


Modeling Situational Variants In High Commercial Robbery Locations Comparing Site And Area Level, Janet Enriquez Jan 2008

Modeling Situational Variants In High Commercial Robbery Locations Comparing Site And Area Level, Janet Enriquez

Theses Digitization Project

In this research, the focus was on commercial robberies with the primary targets being convenience stores and those with gasoline stations. Commercial robbery is defined as the taking or attempted taking of anything of value from the care or custody of a commercial or financial establishment. This study was restricted to late night establishments in Lexington Kentucky, and those features that contribute to their victimization.


Juvenile Movement Between Activity Nodes, Jill Mary Christie Jan 2008

Juvenile Movement Between Activity Nodes, Jill Mary Christie

Theses Digitization Project

This research will examine the movements of juvenile deliquents residing in the desert communities of Southern California. The purpose of this study was to shed light on the distances routinely traveled by juvenile delinquents to reach their activity places, including recreational locations and school. The research used juveline offender data from an ongoing evaluation of a Riverside County, California youth diversion program. This study examines juveniles in 56 California cities most of which would be classified as rural. By understanding how far juveniles can travel and by what means, it may be possible to gain perspective on how to develop …


The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard Jan 2008

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …


What Law Enforcement In West Virginia Know About Stalking Crimes, Sandra Kiser-Griffith Jan 2008

What Law Enforcement In West Virginia Know About Stalking Crimes, Sandra Kiser-Griffith

Theses, Dissertations and Capstones

Emerging research is beginning to reveal how prevalent, and dangerous, stalking can be, especially in situations that involve domestic or former domestic partners. As front line responders to stalking-related crimes, it would seem imperative that law enforcement personnel have extensive training and be knowledgeable about a broad range of stalking-related issues. A victim’s well-being can be directly impacted by the actions and interventions of the officers handling his or her case. Unfortunately, however, many states, including West Virginia, still do not require that officers receive stalking training. In an attempt to establish how well informed law enforcement officers in West …


Indigent Criminal Defense: Qualitative Review On Economic Value, Ralph Mckinney, Lawrence P. Shao Jan 2008

Indigent Criminal Defense: Qualitative Review On Economic Value, Ralph Mckinney, Lawrence P. Shao

Management Faculty Research

This article reviews indigent criminal defense programs on an international level and generally concludes that societies want to protect legitimate society members', within the respective society's jurisdiction, fundamental property rights concerning criminal prosecution. While this conclusion was as the researchers expected, several unexpected and contrary observations were noted. Society wealth and a greater return on investments of public funds can dramatically shift a society's value of basic shared rights.


Trust Us…We’Re The Fbi, Benjamin Shimp Jan 2008

Trust Us…We’Re The Fbi, Benjamin Shimp

Undergraduate Review

No abstract provided.


The Chivalry Hypothesis & Filicide: Are There Categorical Differences Between Mothers And Fathers Who Kill Their Children?, Meghan Chase Jan 2008

The Chivalry Hypothesis & Filicide: Are There Categorical Differences Between Mothers And Fathers Who Kill Their Children?, Meghan Chase

Undergraduate Review

No abstract provided.


Realities Of A Just Future For The Mayan Community In The Guatemalan State : The Implications Of Historically Discriminatory Rule Of Law And The Possiblity For A Pluri-Ethnic Nation Through Transitional Justice And Customary Law Reformation, Lauren Trinka Jan 2008

Realities Of A Just Future For The Mayan Community In The Guatemalan State : The Implications Of Historically Discriminatory Rule Of Law And The Possiblity For A Pluri-Ethnic Nation Through Transitional Justice And Customary Law Reformation, Lauren Trinka

Senior Honors Projects, 2000-2009

Abstract not available


Street Outreach Workers: Best Practices And Lessons Learned, Scott H. Decker, Tim S. Bynum, Jack Mcdevitt, Amy Farrell, Sean P. Varano Jan 2008

Street Outreach Workers: Best Practices And Lessons Learned, Scott H. Decker, Tim S. Bynum, Jack Mcdevitt, Amy Farrell, Sean P. Varano

Justice Studies Faculty Publications

Street outreach workers are an important part of the Senator Charles E. Shannon Jr. Community Safety Initiative (CSI) comprehensive gang and youth violence reduction strategy in Massachusetts1. Street outreach involves the use of individuals to “work the streets,” making contact with youth in neighborhoods with high levels of gang activity. These individuals are generally not employed by the criminal justice system agencies but rather are based in community service organizations or other non- governmental agencies. Street outreach workers provide an important bridge between the community, gang-involved youth, and the agencies (whether social service or law enforcement) that respond to the …


Police Criminal Charging Decisions: An Examination Of Post-Arrest Decision-Making, Scott W. Phillips, Sean P. Varano Jan 2008

Police Criminal Charging Decisions: An Examination Of Post-Arrest Decision-Making, Scott W. Phillips, Sean P. Varano

Justice Studies Faculty Publications

Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness. Randomly constructed vignettes describing a domestic violence incident were given to officers from four agencies. Officers indicated the criminal charges they would likely list against an offender if they were to make an arrest. Serious criminal charges were often supported by …


Assessment Practices In Residential Treatment Facilities For Juvenile Offenders, Liz Marciniak, Diane T. Marsh Jan 2008

Assessment Practices In Residential Treatment Facilities For Juvenile Offenders, Liz Marciniak, Diane T. Marsh

Contemporary Issues in Juvenile Justice

Given the high prevalence of mental disorders among juvenile offenders, as well as the link between untreated disorders and delinquent behavior, there is a critical need for standardized, cost-effective, and clinically effective procedures to identify youth with mental health problems. Surveys were sent to staff in juvenile residential facilities throughout Pennsylvania to examine statewide assessment practices, including the background and training of staff, the standard intake procedures used in these facilities, and the role of assessment in treatment planning. Although results provide evidence of some common statewide assess-ment practices, there was significant variability in the use of specific procedures. Suggestions …


Identifying Juror Bias: Using The Pretrial Juror Attitude Questionnaire For More Effective Voir Dire, Sara Jane Mobley Jan 2008

Identifying Juror Bias: Using The Pretrial Juror Attitude Questionnaire For More Effective Voir Dire, Sara Jane Mobley

Criminology & Criminal Justice Theses - Archive

A vast amount of empirical study exists regarding both the juror decision-making process and testing the validity of various methods for finding juror bias. Juror decision making is based on a multitude of factors including, but not limited to, ability to retain information, strength of evidence, preconceived ideas about lawyers, the justice system and law enforcement. Further, the concern regarding judicial economy during voir dire gives rise to ineffective attorney questioning as well as pressure placed on jurors to fulfill their duty to serve. This study seeks to rely on a version of the Pretrial Juror Attitude Questionnaire or PJAQ …


Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan Jan 2008

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …