Nebraska Law Review
Recent Print Articles
Restorative Justice and Youth Offenders in Nebraska Kristen M. Blankley, Associate Professor, University of Nebraska & Alisha Caldwell Jimenez, Restorative Justice Program Analyst for the Nebraska Supreme Court’s Office of Dispute Resolution
"This Article primarily serves as a case study for the recently implemented VYC program utilized in Nebraska for youth offenders both in schools and in the community."
The Dollar’s Deadly Laws That Cause Poverty and Destroy the Environment Christopher P. Guzelian, Assistant Professor, Department of Finance and Economics, McCoy College of Business Administration, Texas State University
"This Article examines implications of these four legally entrenched aspects of the modern dollar—fiat money, legal tender, functional currency, and non-fiat money bans."
Showcase Panel I: What Is Regulation For? Panelists: Richard Epstein, Philip Hamburger, Kathryn Kovacs, Jon D. Michaels, and Britt Grant
"There are robust debates, which we will experience first-hand here today about whether the administrative state . . . is a threat to liberty or a guarantor of liberty, whether the direction that the administrative state has gone is a turn away from its originally correct role . . . or is the inevitable fulfillment of the headless monster that is the fourth branch of government."
Showcase Panel III: The States and Administrative Law Panelists: Nestor Davidson, Christopher Green, Miriam Seifter, Jeffrey Sutton, and Michael Scudder
"Our first panel this morning is titled 'The States and Administrative Law.' And we’ve assembled for you this morning what I consider to be a truly first-class group of panelists"
More than Mere “Constitutional Window Dressing”: Why the Press Clause Should Protect a Limited Right to Gather Information Mallory B. Rechtenbach, J.D. Candidate, 2020, Nebraska College of Law
"In order to give full effect to the First Amendment, newsgathering must be given some limited protection."
Not All Agua is Caliente: Proposing the Winters Groundwater Test Hannes D. Zetzsche, J.D. Candidate, 2020, Nebraska College of Law
"Instead of the Agua Caliente approach, this Comment proposes a three-prong Winters Groundwater Test for analyzing claims of federal reserved groundwater."
Bahtuoh v. Smith, 855 F.3d 868 (8th Cir. 2017): Promising a Bleak Future for Ineffective Assistance of Counsel Claims in the Eighth Circuit Mary R. Marcum, Recent Graduate, Nebraska College of Law
"The Eighth Circuit’s decision in Bahtuoh v. Smith created a split in the federal circuits. As of now, for the Eighth Circuit it is not necessarily ineffective assistance of counsel for a defense attorney to break opening statement promises to have a defendant testify."
Sexual Predator Laws: Clarifying the Relationship between Mental Health Laws and Due Process Protections Maureen F. Larsen, Recent Graduate, Nebraska College of Law, and Robert F. Schopp, Professor of Law, Nebraska College of Law
"Sex offenses are heinous crimes. Deservedly, these crimes inspire fear and moral outrage, and society must be protected from violent predators. Nevertheless, the boundaries between mental health laws and the criminal justice system must be preserved."