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."
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.
Job Training Mythologies: Stitching up Labor Markets Henry H. Perritt, Jr., Professor of Law and former Dean, Chicago-Kent College of Law, the law school of Illinois Institute of Technology
"This Article uses the textile and clothing industry—where the American Industrial Revolution began—as a case study to explore adjustments of labor markets to changes in technology and in product markets, while occasionally referring to other industries to reinforce a proposition or to acknowledge a difference that might alter the analysis."
Contract Design in the Shadow of Regulation James Fallows Tierney, Senior Counsel, Office of the General Counsel, U.S. Securities and Exchange Commission; Assistant Professor of Law, University of Nebraska College of Law
"Drawing on behavioral law and economics, and illustrating with a case study of lobbying surrounding the Consumer Financial Protection Bureau’s bank account overdraft rule, this Article shows how companies use the high-quality terms they adopt in anticipation of regulation to “frame” the status quo rule."