The Nebraska Law Review

Voiding the Federal Analogue Act Visiting Professor, Duncan School of Law
Welcoming Lakeesha and Vincenzo to the Restatement of Torts Barbara Kritchevsky, University of Memphis Cecil C. Humphreys School of Law
The New Qualified Immunity Quandary Justin C. Van Orsdol, University of Georgia School of Law
When the Math Matters: Improving Statistical Advocacy in Gerrymandering Litigation Robin L. Juni, J.D., Visiting Associate Professor, Fundamentals of Lawyering Program, the George Washington University Law School
“How the Sausage Gets Made”: Voter ID and Deliberative Democracy Joshua A. Douglas, University of Kentucky J. David Rosenberg College of Law

This article tells the story of the passage of Kentucky’s new photo ID law for voting, recounts the litigation over the new photo ID bill, which the state implemented in November 2020 during the COVID-19 pandemic, and offers key takeaways discussed through the legislative theory of deliberative democracy.

Politicizing Regulation: Administrative Law, Technocratic Government, and Republican Political Theory Benjamin M. Barczewski, Visiting Assistant Professor, University of Maryland, Francis King Carey School of Law

This Article argues that one reason Americans remain so distrust- ful of their own government, despite the astounding advancement of the administrative state’s technical and scientific abilities, is that technocratic justifications deny virtually any role for democratically determined moral judgments in administrative rulemaking and mask the part those moral judgment do play.

The Propriety of Incorporating Enforcement Staff Declination Statements into the NCAA Infractions Process Following Bylaw 11.1.1.1 Head Coach Responsibilities Investigations Joshua Lens, J.D., Assistant Professor of Recreation and Sport Management at the University of Arkansas, Fayetteville