Legal Studies Commons^™

Why I Am A Libertarian In Secular America, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Argues that the selective funding of education in secular government schools guarantees religious inequality in America.

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.

Impact Of Parental Separation Preceded By Parental Conflict On The Propensity For Youth Criminality, Casimir Bannis

Regis University Student Publications (comprehensive collection)

Parental separation preceded by parental conflict increased the propensity for youth criminality as the pre-separation conflict engenders an environment which hampers effective paternal and maternal care for children are carried over into post-separation life. The social development theory was used to explain the significance of socialization and the extent and quality of children's relationships with their external environment as factors important to their participation in anti-social behaviors, noting that, an overlapping of pro and anti-social paths are the constructors of children's socialization capabilities. The secondary data collected on this research topic, concluded that a family environment marred by issues consequential …

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.

Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman

Nebraska College of Law: Faculty Publications

The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …

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 …