The Nebraska Law Review

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."


Interring The Immigration Rule Of Lenity

Patrick J. Glen, Adjunct Professor, Georgetown University Law Center; Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice

"This Article seeks to fill the role of Antony: “I come to bury” the immigration rule of lenity, “not to praise” it."


The Crisis Of June 2020: The Case Of The Retired Generals And Admirals And The Clarion Calls Of Their Critics In Lex Non Scripta (Historic) Perspective

Joshua E. Kastenberg, Professor at the University of New Mexico, School of Law

"In each of the case studies presented in this Article, members of Congress advocated for the political positions espoused by the retired general and highlighted the general’s words for the purpose of attacking a presidency."


The Litigation Landscape of Fraternity and Sorority Hazing: Criminal and Civil Liability

Gregory S. Parks, Professor of Law, Wake Forest University School of Law; Elizabeth Grindell, 2020 J.D. graduate, Wake Forest University School of Law

"In this Article, we offer an overview of the current hazing litigation landscape and what the future might look like in this area."


Appropriative Fair Use: A Suggested Approach

Nathan D. Clark, Litigation associate at Cline Williams Wright Johnson & Oldfather, L.L.P.

"This Article addresses the application of that defense to a vein of contemporary art which makes it a point to take and re-present preexisting works—appropriation art."


After Forty Years, Nebraska Weighs in on Assisting Suicide: Criminal Liability for Assisting Suicide in Nebraska After State v. Stubbendieck

Samuel S. Baue, J.D. candidate, 2021, University of Nebraska College of Law; B.A., 2018, University of Nebraska-Lincoln

"After more than forty years, the Stubbendieck opinion has finally provided criminal law practitioners in Nebraska with guidance on the meaning of aiding and abetting suicide . . . [t]he next time the Nebraska Supreme Court reviews a conviction for assisting suicide, it would be wise to consider the detailed jurisprudence of assisting suicide law in jurisdictions with similar statutes."