Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska
Kait Madsen, J.D. Candidate, University of Nebraska College of Law, 2021
"This Comment argues that the appropriate level of judicial review of ballot measures is (1) high deference to voters and “[liberal construction] to promote the democratic process” in reviewing procedural challenges before the election, and (2) “legislative mirroring” for challenges to newly enacted laws after an election."
The Public School as the Preeminent Site of Constitutional Law
Justin Driver, Professor of Law, Yale Law School
The 2019 Lane Lecture.
The Emerging Statutory Proximate Cause Doctrine
Sandra F. Sperino, Judge Joseph P. Kinneary Professor, University of Cincinnati College of Law
"This Article charts the emerging proximate cause doctrine from its early days as a baby doctrine. Now, the doctrine is pre-adolescent, with all of the changes and turmoil that phase entails."
Smart Contracts and the Limits of Computerized Commerce
Eric D. Chason, Professor of Law, William & Mary Law School
"The goal of this Article is to evaluate the degree to which cryptocurrencies and smart contracts can operate outside the reach of law and regulation."
Beyond Unreasonable
John Inazu, Sally D. Danforth Distinguished Professor of Law and Religion, Washington University in St. Louis
"This Article explores the vague lines that separate our sense of reasonable, unreasonable, and beyond unreasonable—the reasonableness lines."
The Homesteading Rights of Deserted Wives: A History
Hannah Haksgaard, Associate Professor of Law, University of South Dakota School of Law
"After documenting the history of homesteading rights of deserted wives, this Article explores how these unique administrative decisions adopted or rejected the prevailing marital norms in America and how understanding these administrative decisions can aid in our understanding of marriage in American history."
Suspects Use Cell Phones, but So Do We: State v. Goynes and the Constitutional Dangers of Boilerplate Search Warrants
Shayna Bartow, J.D. candidate, 2021, University of Nebraska College of Law
"This Note aims to articulate the shortcomings of the court’s decision in Goynes and the impact it has on Fourth Amendment protections in Nebraska."
Nebraska Nonsense: Trojan Horse or Cash Crop?
Jared West, Juris Doctor, University of Nebraska College of Law, Class of 2020
"This Comment will argue that the Nebraska Hemp Farming Act (NHFA) is not a slippery slope for legal marijuana."
Remembering Professor Martin Gardner
Steven L. Willborn, Robert Denicola, Richard Moberly, Anna W. Shavers, University of Nebraska College of Law; Richard G. Singer, Rutgers Law School
Professor Martin R. Gardner, Steinhart Foundation Professor of Law at the University of Nebraska College of Law, passed away in Nov. 2019. This Article is a series of tributes to the late professor from his colleagues at the University of Nebraska as well as Rutgers Law School.
Removing Miranda from School Interrogations
Martin R. Gardner, Steinhart Foundation Professor of Law, University of Nebraska College of Law
"This Article attempts to provide resolution to the confused law governing school interrogations by arguing that students are not in custody for Miranda purposes when school administrators conduct interrogations or are present when SROs or police officers question students."