Legal Studies Commons^™

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21^st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 47, Number 2, Fall 2014

Nebraska Transcript

Contents

2 Dean’s Message

Faculty Updates
3 Law Psych Program Celebrates 40 Years
4 Profile: Brian Striman
6 Faculty Notes
14 Telecommunications Conference
16 Sandy Zellmer Writes Mississippi River Tragedies
18 Alan Frank Retires After 42 Years
21 College to Host International Client Counseling Competition

Feature: 22 Client Counseling Team National Champions

Around the College
27 New Space Law Course
28 Professor Richard Epstein Delivers Pound Lecture
30 Student Accolades
32 ADC Clinic Travels the State
33 2014 Spring Commencement

Our Alumni
38 Library Archives Alumni Papers
39 Alumni Council Awards 40 Alums Assisted Civil Rights Act
41 Firms Help …

Is Burglary A Violent Crime? An Empirical Investigation Of Classifying Burglary As A Violent Felony And Its Statutory Implications, Phillip Kopp

Dissertations, Theses, and Capstone Projects

Under the common law, burglary is defined as a crime committed against the property of another, and is listed as a property offense for purposes of statistical description by the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS). However, burglary is prosecuted and sentenced as a violent crime under habitual offender laws at the federal level, and can be regarded as violent in state law, depending on varied circumstances. Using a mixed methods approach, the current study compared state and federal burglary and habitual offender statutes to an empirical description of the offense. First, a comprehensive content …

Committed To The Cause? Violent And Financial Criminal Behaviors Of Domestic Far-Rightists, Ashmini G. Kerodal

Dissertations, Theses, and Capstone Projects

This study used factor analysis, logistic and multinomial logistic regression analysis to evaluate the effects of an individual's level of commitment to far-right extremism on his / her criminal offending behavior. Agnew's General Strain Theory (2001, 2005), Cloward and Ohlin's Differential Opportunity Theory (1960) and Simi and Futrell's (2010) concept of free / movement spaces were used to address the three research questions: (1) What effect did individual level stressors, significant others, and negative interactions with government officials have on membership in a far-right group, (2) What effect did individual level stressors, significant others, membership in an extremist group, and …

A Study Of Twenty Two Caliber Long Rifle And Nine Millimeter Parabellum Bullet Ricochet From Common Substrates, Peter Diaczuk

Dissertations, Theses, and Capstone Projects

Determining the angle at which a bullet will successfully ricochet is essential information when a shooting investigation involves indirect fire. In this research, determining the critical angle and its variance was measured for six substrates, two calibers and two bullet types. This information provides the forensic scientist with fundamental data required for the scientific reconstruction and assessment of a shooting scene. Depending upon the bullet's design, the substrate, and the angle of impact, a bullet may fail to ricochet upon impact, or the bullet will ricochet. Knowledge of bullet behavior with common substrates provides valuable information for scientific investigation of …

Humanitarian Technologies And Genocide Prevention: A Critical Inquiry, Colette Mazzucelli

Genocide Studies and Prevention: An International Journal

No abstract provided.

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.

Gender-Responsive Policy Development In Corrections: What We Know And Roadmaps For Change, Erica King Msw, Jillian Foley Mppm

Justice Policy

Lack of gender-informed policy creates challenges for correctional practitioners. When there is a gap between training that is evidence-based and gender-informed and what is written in policy, staff may find themselves hindered in their attempts to work toward establishing a gender-responsive environment. This policy bulletin, released in February 2015 and based on survey data and focus groups with women, is an initial step to determine the existence of gender-informed policy within correctional agencies. The findings of this bulletin provide an overview of the current state of gender-responsive policies for women and define a focus for future research, training and technical …

Book Review Essay: Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Claire Nolasco, Aneta Spaic

Criminology and Criminal Justice Faculty Publications (Archived)

Book review essay on Sarah Wilson's The Origins of Modern Financial Crime: Historical Foundations and Current Problems in Britain.Routledge, 2014.

Documenting Mass Rape: Medical Evidence Collection Techniques As Humanitarian Technology, Jaimie Morse

Genocide Studies and Prevention: An International Journal

Aim: Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this paper, I consider three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the “rape kit”).

Methods: Combining archival …

From Intent To Effect: Richmond, Virginia, And The Protracted Struggle For Voting Rights, 1965–1977, Julian Maxwell Hayter

Jepson School of Leadership Studies articles, book chapters and other publications

Twelve years after the ratification of the Voting Rights Act of 1965 [VRA], Richmond, Virginia elected a historic majority black city council. The 5-4 majority quickly appointed an African American lawyer named Henry Marsh, III to the mayoralty. Marsh, a nationally celebrated civil rights litigator, was not only the city’s first black mayor, but the council election of 1977 was also Richmond’s first since 1970. In 1972, a federal district court used the VRA’s preclearance clause in Section 5 to place a moratorium on council contests. This moratorium lasted until the Supreme Court and the Department of Justice determined whether …

Rethinking The Timing Of Capital Clemency, Adam M. Gershowitz

Faculty Publications

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …

An Ntsb For Capital Punishment, Adam M. Gershowitz

Faculty Publications

When a fatal traffic accident happens, we expect the local police and prosecutors to handle the investigation and criminal charges. When afatal airplane crash occurs, however, we turn instead to the National Transportation Safety Board (NTSB). The reason is that air crashes are complicated and the NTSB has vast expertise. Without that expertise, investigations falter. We need look no further than the mess made by Malaysian authorities in the search for Flight 370 to see the importance of expertise in handling complicated investigations and processes. It is easy to point to a similar series of mistakes by local prosecutors and …

Risk Assessment Of Sexually Abusive Clergy: Utility Of Sex Offender Risk Instruments With A Unique Offender Subgroup, Anthony Perillo

Dissertations, Theses, and Capstone Projects

Sex offender risk instruments provide empirically based outlooks on recidivism risk and often serve as a critical part of sex offender management. If applied to unrepresented offender groups, these instruments may offer inaccurate pictures of risk and hinder efforts to reduce sexual violence. With little research available on sexually abusive clergy prior to the abuse scandal of the early 2000s, sexually abusive clergy are one group not represented in the research used to develop risk measures. An understanding of the validity of current risk assessment practices with sexually abusive clergy is critical and timely, as changes to the handling of …

Assessing Young Males' Perspectives On The Cultural Competency Of Juvenile Justice Staff And Predicting Psychosocial Functioning, Crystal Catherine Rodriguez

Dissertations, Theses, and Capstone Projects

The theory of symbolic interactionism explains how social interactions influence behavior. In this study, it is reasoned that culturally sensitive interactions may be associated with adjudicated youth behavior. The purpose of this project is to (1) examine the differences in adjudicated male youths' perceptions of the level of cultural competency in juvenile justice staff members and (2) to identify whether staff members' cultural competency is related to self-restraint, distress, and delinquent behavior in adjudicated male youth. Utilizing a cross-sectional design, adjudicated youths enrolled in a variety of re-entry and transitional programs were surveyed. Youths retrospectively assessed the cultural competency of …

The Effectiveness Of Motivational Interviewing On Intimate Partner Violence Clients, Chelsea Drake

Sociology & Criminal Justice Theses & Dissertations

The criminal justice response to perpetrators of intimate partner violence (IPV) is often a rehabilitative group treatment called Batterers Intervention Programs (Bl). This thesis assesses the effects of motivational interviewing (Ml) on clients ordered to local probation for IPV. Records were collected on IPV offenders enrolled in BI, within a small city in the Southeast Criminal Justice Agency. The pre-MI data were gathered from 2006, and post-MI data from 2007-2008 after the implementation of Ml. This thesis focuses on the use of MI as an intervention to enhance clients' motivation to change. This research is guided by questions that involve …

Altering The Social Learning Climate: Raising The Legal Age Of Tobacco Purchase And Social Learning Theory, Beth Fera

Theses and Dissertations

In 2005, New Jersey enacted the Smoke Free Air Act to deter the onset of smoking of high school students by raising the legal age of tobacco purchase from 18 to 19 (Cave, Holl, & Schweber, 2005). This was intended to reduce smoking in this population by restricting virtually all high school students' access to cigarettes; however, this legislation also reduced smoking in ways proposed by the concepts of Ronald Akers' Social Learning Theory (1979). The present study postulated limiting access to cigarettes would reduce all measures of cigarettes use, resulting in fewer smoking associates to model smoking behavior, fewer …

A Crime Hidden In Plain Sight: A Review Of Programs That Address Human Trafficking In Colorado, Janecke Hausken

Regis University Student Publications (comprehensive collection)

The focus of this project is looking at current programs in the Denver area that work in some capacity to combat human trafficking. Research suggests that Denver is a huge drop off point for victims due to a major international airport and two major cross-country highways intersecting in the middle of downtown Denver. While the project does not provide any conclusive evidence, the numbers presented do show that perhaps there is a correlation between the establishment of these programs and an increase in arrest rates for certain charges. While one program focuses more on services and aiding the victims of …

Every Breath You Take: An Examination Of The Natural Phenomenon Of Stalking, Gordon A. Crews, Sara K. Green, Paige A. Heinrich

Criminal Justice Faculty Publications

Everyone is a potential stalker, given the right set of circumstances. There are a vast number of tools readily available—from social media networking to easily accessible websites that provide background checks for a minimal fee—that allow individuals to observe the life (or lives) of whomever they so desire. But what are the innate, essential traits and characteristics of an individual that extends beyond the more normative expression of romantic interest and the general curiosity that is a natural and accepted occurrence for anyone who has ever been infatuated with another? This paper will consider the intentionality and motivation behind stalking, …

Punishment And Inclusion: Race, Membership, And The Limits Of American Liberalism, Andrew Dilts

Law

At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, …