Welcome to the Nebraska Law Review

Recent Print Articles

Electoral Votes, the Senate, and Article V: How the Architecture of the Constitution Promotes Federalism and Government by Consensus Richard F. Duncan, University of Nebraska College of Law

"The primary focus of this Article will be to attempt to understand how the electoral vote system for the Presidency, the structure of representation in the U.S. Senate, and the ratification process of Article V protect federalism and the rights, interests, and liberties of we the people of the several states."

Innovative Antitrust and the Patent System Gregory Day, Oklahoma State University Spears School of Business

"[T]his Article employs an original dataset, quantitative methods, and case studies to examine the effects of antitrust’s numerous policy levers on the rate of innovation in the United States."

Goodwill Hunting Gone Bad: Tax Law’s Outmoded Treatment of Goodwill Mitchell L. Engler, Yeshiva University, Benjamin N. Cardozo School of Law

"The proposed legislative changes here would eradicate the current 'badwill hunting' association under the tax law and restore the appropriate 'good' back into the positive goodwill attribute."

Holding Federal Prison Officials Accountable: The Case for Recognizing a Damages Remedy for Federal Prisoners’ Free Exercise Claims Nicole B. Godfrey, University of Denver Sturm College of Law

"This Article argues the federal courts should extend Bivens to recognize the availability of a damages remedy against federal prison officials who violate a prisoner’s Free Exercise rights."

Rubin v. Islamic Republic of Iran: The Supreme Court’s Textually Veiled Decision to Give State Terror Sponsors Immunity Jennifer Atwood

"Part III argues that the U.S. Supreme Court’s recent holding was a strained textual interpretation that was more plausibly driven by separation-of-powers concerns. Part IV concludes by briefly identifying why the Court may have decided it necessary to textually veil its constitutionally driven decision in the manner in which it did."

Why Try to Change Me Now? The Basis for the 2016 Indian Child Welfare Act Kasey D. Ogle

"Though the Indian Child Welfare Act (ICWA or the Act) sought to address the systemic issues that created such high rates of Indian child displacement, because of the inaction of the Bureau of Indian Affairs (BIA), these problems remain."

The Limits of Executive Power: The Obama-Trump Transition Jody Freeman, Harvard Law School

"I thought I would talk today about the limits of executive power to rescind or weaken regulations. It is a particularly interesting time to think about this topic because we are in a moment of political transition following the 2016 presidential election."

The New Negative Rights: Abortion Funding and Constitutional Law After Whole Woman’s Health Mary Ziegler, Florida State University College of Law

"Part II considers how proponents of the Hyde Amendment redefined conscience-based objection . . . . Part III traces the deployment of formal distinctions between positive and negative rights in the Hyde Amendment debate. Drawing on this history, Part IV reconsiders the constitutional case against the Hyde Amendment and similar laws under Whole Woman’s Health."