The Nebraska Law Review

“Essentially Black”: Legal Theory and the Morality of Conscious Racial Identity Kenneth B. Nunn, University of Florida Levin College of Law

"In this Article, I examine the anti-essentialism critique that has developed in Critical Race and LatCrit legal theory. I argue that the anti-essentialism critique offered by critical theorists is misguided insofar as it claims that the assertion of a conscious racial identity is morally wrong."

Known Unknowns: Legislating for a Juvenile’ s Reformative Uncertainty Tiffani N. Darden, Michigan State University College of Law

"Juvenile offenders are constitutionally different from their adult counterparts. . . . In this Article, I argue that when reviewing juvenile sentences in criminal courts, the Supreme Court’s Eighth Amendment analysis should treat the national consensus prong as subordinate to its own judgment based on social science, developmental psychology, and neuroscience research advancements."

Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels Apostolos G. Chronopoulos, Queen Mary University School of Law

"In this Article, I argue that the tort of copyright infringement constitutes a mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting the progress of science and the useful arts, as instructed by the Intellectual Property Clause of the Constitution."

Endorsing Pedophiles for Elected Office? David R. Katner, Tulane University Law School

This Article discusses "pedophilia, the dynamics of victims’ delay in reporting their victimization, various institutional protections afforded to accused child molesters, political sexual misconduct, current literature on the impact of child molestation, and the difficulties faced by victims of child molestation. . . ."

Everything, but Maybe Nothing: The Supreme Court’s Important—but Fragile—Decision in Trinity Lutheran Church of Columbia, Inc. v. Comer: 137 S. Ct. 2012 (2017) John Lucas Rockenbach, University of Nebraska College of Law

This Note "argues the Supreme Court correctly held that Missouri’s policy violated the Free Exercise Clause but contends that one aspect of the Court’s reasoning . . . is unsound and should be abandoned . . . [and] describes how lower courts have reacted to Trinity Lutheran, questions the immediate impact of the case, and forecasts future Supreme Court action."

The Case for a Federal Cyber Insurance Program David L. Vicevich, University of Nebraska College of Law

"After considering U.S. policy, the nature of the threat, the failed public and private law responses, and the limitations of the private cyber insurance market, the discussion herein moves to consider a national cyber insurance program. . . . Finally, this Comment briefly considers the possible benefits and detriments of a national cyber insurance program generally."

Resolution Triggers for Systemically Important Financial Institutions John Crawford, Professor of Law, University of California, Hastings College of the Law

"One of the central themes of post-crisis reforms has been tackling the too-big-to-fail problem by trying to ensure that systemically important financial institutions (SIFIs) can fail while neither sparking a broader panic nor requiring taxpayers to cover losses for the SIFIs’ creditors. Solving this problem is vital, . . ."

The Duty to Refrain: A Theory of State Accomplice Liability for Grave Crimes Rachel López, Associate Professor, Thomas R. Kline School of Law, Drexel University

"In the modern era, as the cooperation between States in military and counter-terrorism efforts increases, so does the risk that a State will facilitate the grave crimes of another State through its political, military, or economic assistance. . . .

Green Fees: The Challenge of Pricing Externalities under State Law Erin Adele Scharff, Associate Professor, Sandra Day O’Connor College of Law, Arizona State University

"This Article takes a critical look at current state law governing the distinction between user fees and taxes. This Article then argues that Pigovian levies do not fit neatly into either legal category under the definitions in place in most states. As a result, this Article proposes reforms to state user fee definitions that would bring needed clarity to user fee doctrine."

Married on Saturday and Fired on Monday: Hively v. Ivy Tech Community College: Resolving the Disconnect under Title VII Shannon M. Bond, J.D., University of Nebraska College of Law, 2019

"This Note evaluates whether employment discrimination based on sexual orientation is protected under Title VII’s prohibition of discrimination based on sex."