Irrevocable Gift Promises and Promises Inducing Reliance: A Mandate for the Return of the Seal in Contract Law
Alex M. Johnson, Jr., James C. Slaughter Distinguished Professor of Law, University of Virginia Law School
"What makes irrevocable inter vivos trust donative promises—promises that induce reliance on the part of the donee— and promises made in a will enforceable, while other simple or future gift donative promises are not? The primary purpose of this Article is answering that question."
Duress and Undue Influence in Contract Law as Cognitive Trespass
Jeffrey L. Harrison, Huber C. Hurst Eminent Scholar, University of Florida College of Law
"In all cases, contract law takes a permissive approach by limiting the remedy to avoidance and restitution. This Article argues that the permissive approach is inappropriate, particularly in cases in which the vulnerability is created."
Is Prior Salary a Factor Other Than Sex? An Approach to Resolve the Ongoing Debate
Elizabeth A. Stevenson, J.D., University of Nebraska College of Law, 2020
This Note examines the uncertainty of the Equal Pay Act’s “factor other than sex” exception.
Seeing the No-Compelled-Speech Doctrine Clearly through the Lens of Telescope Media
Richard F. Duncan, Sherman S. Welpton, Jr. Professor of Law and Warren R. Wise Professor of Law, University of Nebraska College of Law
"The purpose of this Article is to take a close look at what has become the leading case on the right of expressive wedding vendors to resist speech compulsions—the Eighth Circuit’s decision in Telescope Media Group v. Lucero."
Running the Full-Court Press: How College Athletic Departments Unlawfully Restrict Athletes' Rights to Speak to the News Media
Frank D. LaMonte, Professor & Director of the Joseph L. Brechner Center for Freedom of Information at the University of Florida; Virginia Hamrick, Staff Attorney, First Amendment Foundation
"This Article augments the growing body of scholarship about athletes’ rights by focusing on one particular and largely overlooked right: the right to speak freely to the news media."
Leveraging Noncognitive Skills to Foster Bar Exam Success: An Analysis of the Efficacy of the Bar Passage Program at FIU Law
Raul Ruiz, Assistant Professor and Assistant Dean, Florida International University College of Law
"This Article will discuss what has caused a decrease in bar exam scores nationwide and how the bar preparation program at the Florida International University College of Law (FIU or the FIU College of Law) has counteracted declining pass rates."
The Damages of Caps in Nebraska
Carey D. Collingham, J.D., 2020, University of Nebraska College of Law
"Nebraska holds the embarrassing distinction of likely being one of the two harshest states in the country in its treatment of citizens injured at the hands of malpractice."
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.
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.