The Fifth Judge: Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause

The Fifth Judge:

Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause

Kathleen Miller, University of Nebraska College of Law

J.D. Candidate, 2016

 

Introduction: History of the Case

 

When TransCanada proposed its Keystone XL route in 2008, it likely did not believe that the proposal would face much opposition.  After all, TransCanada already had another pipeline running through Nebraska.  The thought that the project would be at a standstill seven years later seemed unfathomable.

 

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Keystone XL and Nebraska’s Judicial Supermajority Clause: A Brief Introduction

Many are familiar with the Keystone XL due to the political controversy surrounding the pipeline.  Of central relevance to Nebraska, it is difficult to open a newspaper, scroll through a Twitter feed, or discuss environmental issues without the topic rising to the forefront of conversation.  However, what many people are unaware of is Nebraska’s judicial supermajority clause.  This affects not only LB 1161, which changed the pipeline permitting process in Nebraska, but any state statute challenged on constitutional grounds.  Kathleen Miller, J.D. Candidate, 2016, offers insight into this often forgotten area of particular peculiarity in Nebraska and its effect on Keystone XL.  Katie’s article,  may be found here and directly linked to from the Bulletin.  The Bulletin welcomes any response, counter or commentary which may be forwarded to the Online Editor, Briana Hildebrand, at bhildebrand@huskers.unl.edu.

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2015 Nebraska Law Review Write-On Competition

This post contains materials for the 2015 University of Nebraska College of Law annual write-on competition.

This competition is open to UNL Law students who have completed their 1L year or are a transfer student, and have two (2) or more remaining (non-summer) semesters left. Further instructions are available in the attached materials.

If you have any questions, please contact Amy Peters, Research Editor, at amy.peters@huskers.unl.edu.

Best of luck!

Materials for 2015 Write-On Competition

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The Nebraska Law Review Joins Twitter

In an effort to increase its online presence, the Nebraska Law Review, has joined the twitter community.  Please follow the Review @NebLRev for helpful information and updates regarding Nebraska and 8th Circuit issues.

Any comments or questions may be directed to Briana Hildebrand, the Online Editor, at bhildebrand@huskers.unl.edu.

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2014 Nebraska Law Review Write-On Competition

This post contains materials for the 2014 University of Nebraska College of Law annual write-on competition.

This competition is open to UNL Law students who have completed their 1L year or are a transfer student, and have two (2) or more remaining (non-summer) semesters left. Further instructions are available in the attached materials.

If you have any questions, please contact Sarah Hindman, Research Editor, at sarahnhindman@gmail.com.

Best of luck!

Materials for 2014 Write-On Competition

 

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Regulators, Mount Up

Ben Trachtenberg[0]

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Improving Law School “Transparency”

Jeffrey Evans Stake[0]

Given their central role in the training and socialization of lawyers, law schools are uniquely obliged to present themselves honestly to the public and to their prospective students. In recent years, law schools have failed to live up to that simple standard. As Ben Trachtenberg documents in detail,[1] some law schools have lied or deliberately presented misleading information. More broadly, all law schools have followed the ABA mandate to report employment statistics that, until recently, were defined in ways that would have surprised many law school applicants. The ABA has taken steps to improve the flow of information from law schools to the public. It has punished perpetrators and reformed reporting rules. What more should be done?

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The Evaporating Trust in American Legal Education

Kyle P. McEntee [0]

I once overheard a non-lawyer tell a popular lawyer joke. How can you tell that an attorney is about to lie? Without missing a beat the jokester quipped. The attorney’s lips begin to move. The group found it funny, while I began to wonder what happened to my sense of humor. I smirked, sure, but more than anything the familiar joke diverted my attention from comedy to comity.

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Response Series: Ben Trachtenberg’s “Law School Marketing and Legal Ethics”

Issue 91 of the Nebraska Law Review features an article by Professor Ben Trachtenberg of the University of Missouri School of Law which details a recent and controversial topic within legal education: the release of misleading employment statistics by law school administrators. In Law School Marketing and Legal Ethics,[1] Professor Trachtenberg advocates a novel approach to combating this deceitful practice through the use of professional liability under Model Rule 8.4(c). As part of a special series of responses from other notable academics in the area, the Nebraska Law Review Bulletin is proud to publish the thoughts of Kyle McEntee of Law School Transparency and Professor Jeffrey Stake of Indiana University’s Mauer School of Law. In their responses, each author will detail his respective take on professional liability as advocated by Mr. Trachtenberg and offer an alternate approaches to combating the release of misleading employment statistics by law schools. Finally, Professor Trachtenberg will again offer his thoughts in a final response. Due to the unique nature of this series, the usual emphasis on word length for Bulletin submissions is downplayed in order to best retain the full substance of the contributing authors’ response.

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2013 Nebraska Law Review Write-On Competition Materials

Below you will find an attachment containing the materials for the 2013 University of Nebraska College of Law annual write-on competition.

This competition is only open to those students who have completed their 1L year, are a transfer student, or have two (2) or more remaining semesters left (summer sessions do not count). Further instructions are available in the attached materials.

If you have any questions, contact the Research Editor at cjpreston88@gmail.com.

Best of luck!

Portfolio of Materials for 2013 Write-On Competition

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