Crisis Legislation: Analyzing the Noble Quest of the Paycheck Protection Program to Save Small Businesses
Patrick D. N. Perkins, Jeff & Cynthis Harris Fellow of the Entrepreneurial Business Law Clinic, The Ohio State University
"In early 2020, the rapid global spread of the novel COVID-19 virus launched the United States, along with the rest of the world, into simultaneous health and financial crises. Emergency measures implemented to slow the spread of the virus also brought many sectors of the economy to a screeching halt. The U.S. Congress passed the CARES Act, a $2.2 trillion economic stimulus bill. As part of the bill, Congress established the Paycheck Protection Program (PPP), a forgivable, low interest private loan program to specifically assist small businesses."
Subsurface Trespass: Private Remedies and Public Regulation
Joseph A. Schremmer, Judge Leon Karelitz Oil & Gas Law Professor and Associate Professor, University of New Mexico School of Law
"This Article provides a high level account of the role of, and relationship between, private remedies and public regulation in a formal system of subsurface property rights. It aims to provide a foundation and framework for future in-depth scholarhsip on remedies and regulation for subsurface trespass. While important, the topics of remedies and regulation are logically posterior to liability. They can be adequately addressed only after developing a principled understanding of when and why subsurface invasions ought to be actionable."
Party First, Ask Questions Later: Interrogating the Privacy Implications of First-Party Data Collection
Conor Kane, Georgetown Law 2023
"This Article examines Google’s stated and potentially unstated justifications for ending support for the third-party cookie and the ripple effects this move creates for data collection across the digital advertising ecosystem. It argues that Google’s allegedly pro-privacy move and marketers’ allegedly pro-privacy switch to first-party data ignore and create privacy harms. The only way to protect privacy in the era of first-party data (and protect against future shifts in collection techniques) is to reconceive the corporation-consumer data relationship."
A Sky Full of Stars: Should Viasat, Inc. v. FCC Change the Agency’s Treatment of Satellites as a Categorical Exclusion Under the National Environmental Policy Act?
Morgan Armstrong, J.D. 2023, University of Nebraska College of Law
"This Article reviews the history of Viasat, Inc. v. FCC. Ultimately, Viasat lost the appeal due to a lack of standing. However, this Article will focus on why the FCC should consider adopting a NEPA review for satellites into its regulatory scheme because both Viasat and the FCC still concede that satellites 'may' pose a significant effect on the environment. Thus, to avoid future litigation from a party with standing, the FCC should expand its satellite orbital debris mitigation guidelines to include a preemptive NEPA review."
An Issue of First Impression? State Constitutional Law and Judging the Qualifications of Candidates for the House and Senate
Ben Horton, Attorney and Term Federal Law Clerk
"Article I, section 5, clause 1, makes each House of Congress the judge of the 'Elections, Returns, and Qualifications of its members.' But what does that mean? For historical and jurisdictional reasons, there is a lack of federal precedent on the scope of judicial review of constitutional qualifications of candidates for the House or Senate. However, as federal courts encounter this issue, they should not treat it as an issue of first impression."
Waivers
Keith N. Hylton, William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law
"Waiver contracts are agreements in which one party promises not to sue the other for injuries that occur during their contractual relationship. Waivers are controversial in the consumer context, especially when presented in standard form, take-it-or-leave-it contracts. The law on waivers is inconsistent, with no doctrine or policy among the courts on enforceability. The aim of this paper is to offer a consistent set of policies that can form the foundation of a consistent set of doctrines, leading ultimately to a more consistent treatment of waivers in the courts."
Truth Over Lies: Why Nebraska Must End Deceptive Interrogation Tactics
Jennifer Craven, J.D. Candidate, University of Nebraska College of Law, 2024
"Nearly every law enforcement agency in the United States uses tactics derived from the interrogation method known as the Reid Technique. Police are taught that they can identify guilty suspects through behavior analysis. They can then attempt to get the suspect to confess by using deception—for example, by claiming to have physical evidence that doesn’t exist. These interrogation tactics are not just unnecessary; they have led to wrongful convictions based on false confessions."
Reigning in John Deere: Time for the Nebraska Unicameral to Enact Agricultural Right to Repair Legislation
Max R. Beal, J.D. Candidate, University of Nebraska College of Law, 2024
"Over the past several decades, manufacturers of agricultural equipment have made it increasingly difficult for agricultural producers to repair their own machines. This difficulty is partially the product of complex software that is itself difficult to repair as well as manufacturer imposed restrictions. These repair restrictions, the focus of this article, are being effected both legally (through contract and copyright law) as well as technologically (through encrypted software). These restrictions are harmful to Nebraska’s agricultural producers as well as its economy."
The Case Against Officer Fiduciary Duties
Paul D. Weitzel, Professor of Law, University of Nebraska, College of Law
"Eliminating officer fiduciary duties is essential to advance corporate theories that consider something more than the share price. Eliminating officer fiduciary duties can revitalize the internal incentives for moral corporate behavior and shift corporate culture away from a moral obligation to maximize profits."
‘More Than a Woman to Me’: The Need for Gender Inclusive Language in Court Opinions and Statutes Relating to Abortion and Reproductive Health
Murphy Cavanaugh, J.D. Candidate, 2024, Nebraska College of Law
"This Comment argues that courts must reject anatomy-centered language and use gender-inclusive language in drafting opinions and statutes related to abortion. The continuing effects of heteronormative language in discussions around reproductive rights essentially shut out an entire community that requires access to this type of healthcare."