Legal Studies Commons^™

A Preservation Paradox: Political Prestidigitation And An Enduring Resource Of Wildness, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The nation's preeminent preservation statute, the Wilderness Act of 1964, is now 40 years old. By authorizing a network of congressionally designated wilderness areas on public lands, the Act has proved invaluable for protecting special areas from the most intensive forms of intrusion by humankind But the Act is facing a midlife crisis, and legitimate questions have been raised about its continuing viability as a conservation tool. This Article concludes that the preservation of wild lands remains an essential component of federal public lands management, but that the Wilderness Act, standing alone, has not fulfilled its promise of securing an …

The Role Of Non-Governmental Organizations In Canada-U.S. Relations, Matthew Schaefer

Nebraska College of Law: Faculty Publications

Premier Rae had mentioned this morning that disputes between Canada and the United States are not just discussed between the federal governments of the two countries. Disputes are a matter of public diplomacy and every interest group is competing for public opinion on both sides of the border. Therefore, this afternoon we can explore the various groups that are in that competition for pubic opinion and the various groups that are involved in Canada-U.S. disputes. I thought we would start with the definition of what an NGO is. We are not going to come to any conclusion on this matter …

Enron And The Pension System, Colleen E. Medill

Nebraska College of Law: Faculty Publications

The collapse of Enron and the resulting consequences for participants in the Enron pension plan represent a watershed event for the future of the modern American pension system. In terms of national notoriety, this event is similar in magnitude to two prior public scandals in the history of the pension system. The first such scandal occurred during the decade of the 1960s: the closing of the Studebaker automobile plant and the termination of its underfunded pension plan. Shortly thereafter came the second scandal, heralded by Congressional hearings revealing the misuse of plan assets for personal gain by officials of the …

Does Size Matter? An Economic Analysis Of Small Business Exemptions From Regulation, C. Steven Bradford

Nebraska College of Law: Faculty Publications

The author examines whether exemptions for small businesses and small transactions that appear in many regulations are economically efficient. The cost of regulation has both variable and fixed components. As demonstrated by many empirical studies of regulatory compliance costs, the fixed costs of regulation, and some of the variable costs, are subject to economies of scale that benefit larger firms and larger transactions. Though it is harder to measure the benefits of regulation, the benefits of regulation generally vary in proportion to the size of the regulated firm or transaction. The author develops a mathematical model of how the costs …

The Cost Of Regulatory Exemptions, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Government regulations, whether they appear in statutes or administrative rules, often contain exemptions: certain persons or transactions are fully or partially excused from complying with the regulatory scheme. Even regulations without explicit exemptions may be worded in such a way as to implicitly exempt certain persons. A rule that applies to "all green objects" implicitly exempts objects of every other color?

Economists and legal scholars have written dozens of analyses of the efficiency of various government regulations but, with a few exceptions, they have not paid much attention to exemptions from those regulatory requirements. The limited economic and legal literature …

Protecting The Privacy Of Child Crime Victims., David Finkelhor, Charles T. Putnam

Crimes Against Children Research Center

No abstract provided.

Kentucky Probationers' And Parolees' Perceptions Of The Severity Of Prison Versus County Jail And Probation, David C. May, Kevin I. Minor, Peter B. Wood, Jennifer L. Mooney

Kentucky Justice and Safety Research Bulletin

This study extends a growing body of research on offenders' perceptions of the punitiveness of criminal sanctions. Specifically, we examine punishment equivalency ratings by Kentucky probationers and parolees (N-588) meant to gauge their perceptions of the severity of prison compared to both probation and county jail. Ratings are analyzed by several demographic characteristics. We find that, in general, survey respondents pereceived county jail as more severe than prison but that probation was rated as less severe.

Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle

Center for LGBTQ Studies (CLAGS)

The problem of who I legally am in the world I live in has been vexatious throughout my adult life. Like other transsexual people worldwide, I face an inadequate legal framework in which to exist. Some of us live within states and nations that recognise the difficulties and attempt to provide a route way through the morass of problems that arise; others barely, if not at all, even acknowledge our being. We are simply 'not' within a world that only permits two sexes, only allows two forms of gender role, identity or expression. Always falling outside of the 'norm,' our …

Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi

Law Faculty Scholarship

Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community …

Female Property Crime Offenders: Explanations From Economic Marginalization Perspective, Susan Chih-Wen Su

Theses Digitization Project

This research explores whether women offenders who committed property crimes suffer from feminization of poverty, and social deprivations as asserted by the economic marginalization theory. Social deprivations include being a single parent with dependent children at home, being the main financial supporter of a household and being primary caretaker to minor children.

The Relationship Between Place Management And Physical Environment In Apartment Crime, Eric Steven Mccord

Theses Digitization Project

The focus of this research is crime in multi-unit rental structures, Specifically, apartment complexes. It seeks to identify management policies and environmental attributes that are associated with lower crime and police calls for service rates.

Ua12/8 Annual Crime Awareness & Campus Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports. Includes statistics on the types of crimes which were reported from 2001-2003.

Domestic Violence And The Air Force Family: Research Into Situational Dynamics And Evaluation Of The Air Force Family Advocacy Program, Thomas Peter Sherman

Theses Digitization Project

The purpose of this study was to evaluate the Air Force Family Advocacy Program and examine the effects that situational dynamics have on recidivism. Although, the high volume of program participants and low recidivism rate demonstrated that the Family Advocacy Program is a valuable resource for treating families referred for spousal domestic violence.

Spirituality: The Effects On Female Inmates And Recidivism, Joanne Marie Erbe

Theses Digitization Project

This study examined the effects of the spiritual component of rehabilitation on female inmates who were in custody during 2002 at the Larry D. Smith Correctional Facility (LDSCF) and how church attendance relates to recidivism.

Reflections On The Art Of Mentoring, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

I know that there are probably many articles on the subject of mentoring. Many of these articles have been written by colleagues, or recognized experts in the field of management. However, I have not read these articles and in advance I apologize for not reading them all or using them as references in the following essay. I come from a school of thought about management that believes that good managers are not made. They are born. This is not to say that we can't learn things about management. The fact is, we learn a great deal from others when we …

Exploring The Drugs-Homicide Connection, Sean P. Varano, John D. Mccluskey, Justin W. Patchin, Timothy S. Bynum

Justice Studies Faculty Publications

Although research generally assumes a close relationship between drugs and violence, very little is known about the many different roles drugs can play in criminal events. Drug related as an event classification scheme is relatively common in homicide research, as well as other areas of inquiry, and is usually understood to be an important component in the causal processes of criminal events. Yet such classification schemes often suggest a simple, unidimensional construct. In reality, drug-related crimes are com-plex events. The purpose of this researchwas first to disaggregate the concept of drug-related homicide by providing an event classification scheme that conceptualizes …

Social Worker Or Cop? Measuring The Supervision Styles Of Probation & Parole Officers In Kentucky And Missouri, Angela D. Crews, Richard P. Seiter

Criminal Justice Faculty Research

This study surveyed probation and parole officers in Missouri and Kentucky to determine their supervision styles along a “casework to surveillance” continuum. These self-ratings were correlated with officer self-reports of how they spend their time on the job engaged in various casework or surveillance activities. Additionally, volunteering officers were interviewed to provide clarification on their perceptions regarding the distinctions between a casework approach and a surveillance approach. Results indicate that officers spend more of their time engaged in casework activities, but perceive themselves as more surveillance oriented. Style varied significantly by sex of officer, with female officers spending significantly more …

Characteristics Of Aboriginal Injecting Drug Users In Sydney, Australia: Prison History, Hepatitis C Status And Drug Treatment Experiences, Carolyn Day, Joanne Ross, Kate Dolan

Aboriginal Policy Research Consortium International (APRCi)

Australian Aboriginals are overrepresented in prisons and tend to be overrepresented in studies of injecting drug users (IDU). The aim of this study was to examine differences between Aboriginal and non-Aboriginal IDUs in terms of gender, prison history and hepatitis C status and testing. Secondary analyses were conducted on data from three cross-sectional studies of IDUs. These studies employed similar methodologies, with recruitment being through needle and syringe programs, methadone clinics, snowballing and street intercepts. All studies were coordinated through the National Drug and Alcohol Research Centre. Aboriginal people were overrepresented in all studies, were more likely to have been …

A New Corps Of Discovery For Missouri River Management, Sandi Zellmer

Nebraska College of Law: Faculty Publications

The Missouri River is representative of a nationwide phenomenon. The Law of the River is evolving from water quantity allocation, reflecting well-settled prior appropriation law and decades-old interstate compacts to broader ecologically-based requirements. From sturgeon to salmon to silvery minnows, every major river system in western United States is now managed, at least in part, pursuant to contemporary environmental legislation, which has begun to eclipse traditional water law. Just look to the Rio Grandel6 and the Klamath River17 for the extensive changes wrought by the ESA. The need for river restoration in order to meet ecological needs has been a …

The Americans With Disabilities Act In Cyberspace: Applying The “Nexus” Approach To Private Internet Websites, Richard E. Moberly

Nebraska College of Law: Faculty Publications

Although the nexus approach presents the best alternative to applying the ADA to a situation not contemplated by Congress, by relying on it, this Article makes value judgments and draws conscious conclusions regarding the nature of the Internet and how (and whether) our laws should be interpreted to accommodate the Internet’s unique role in our society. For example, this Article asserts that the ADA cannot apply to all Internet websites because the statute applies only to physical places of public accommodation. A judgment regarding the essence of the Internet is, of course, imbedded in this conclusion. The Internet is something …

The Paradox Of Private Policing, Elizabeth E. Joh

Journal of Criminal Law and Criminology

No abstract provided.

Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli

Scholarly Works

Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons

Articles by Maurer Faculty

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

Asc/Dwc Annual Meeting Name Tag, 2004, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Sozialpolitik Anders Denken. Das Verursacherprinzip – Von Der Umweltpolitischen Zur Sozialpolitischen Anwendung, Isidor Wallimann, Esteban Piñeiro

Books

The “polluter pays” principle in environmental law assumes that the actor would reduce or avoid adverse effects of his actions if he had to bear the consequences of those actions (internalization of effects). Such internalization can generally be done in two ways: either by avoiding or eliminating the harmful effects or by wearing the financial consequences of the injury. It is therefore on the one hand to have an incentive effect, on the other to a compensatory effect.

Pineiro and Wallimann apply these societal cost principles from the environmental world to the social realm, where social problems can be seen …

University Place, Andrea Taylor, Kate Gaetano, Sarah Khan, Tanya Fletcher, Cynthia Moritz, Amy Speach Shires, Wendy S. Loughlin, David Marc, Margaret Costello, Rachel Boll, Samantha Whitehorne

Syracuse University Magazine

No abstract provided.

Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen

Journal of Criminal Law and Criminology

No abstract provided.