Welcome to the Nebraska Law Review

Recent Print Articles

You Can’t Take My Land! Is Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (2015), Transformative Law or a Political Anomaly? Adam W. Kauffman

In Thompson, the Nebraska Supreme Court held Legislative Bill 1161 unconstitutional, while the minority opined that the plaintiffs lacked standing. This Note maintains that the minority opinion in Thompson correctly applied the law to protect Nebraska’s law on standing, and that the minority’s supermajority interpretation mirrors the Nebraska Supreme Court’s past application. 

Registration, Fairness, and General Jurisdiction Jack B. Harrison

This article examines the evolution of general personal jurisdiction, from Pennoyer to Goodyear, and concludes that the Court’s current articulation of general personal jurisdiction unnecessarily hampers plaintiffs' ability to pursue redress for injuries in their home states. 

The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study Dwight Newman

Property rights of Indigenous communities have far-reaching effects, impacting general economic prosperity, the ability to contract outside the community, and resource development. This Article focuses on title rights held by Canadian Indigenous communities, but the analysis and concepts have direct practical relevance to Indigenous communities elsewhere.

Separation of Powers and the Class Action Mark K. Moller

The federal court system’s increasing hostility toward class action certification has resulted in tens of thousands of individual cases winding up in state courts. This Article analyzes the new way of thinking about litigant autonomy in this “post-class-action” era.

Rethinking Counterterrorism in the Age of ISIS: Lessons from Sinai Sahar F. Aziz

Failing states serve as havens for violent extremist groups to grow and spread, yet Western nations continue to limit their counterterrorism practices to merely preventing violence on their soil. Egypt’s Sinai Peninsula serves as a valuable case study for rethinking counterterrorism methods in the age of ISIS.  

Book Review David Dow

Modern Trials. By Melvin M. Belli. Indianapolis: The Bobbs-Merrill Company, Inc., 1954. 2763 pp. $50.00

The Journalist and His Confidential Source: Should a Testimonial Privilege Be Allowed W. D. Lorensen

Introduction

The Basis for a Privilege

The Current Law

When Is the Public Benefited?

When Should This Privilege Be Denied?

When Is There No Public Benefit?

When Does Detriment Outweigh Benefit?

Conclusion

Civil Defense and Law, Part II Val Peterson