The Nebraska Law Review

The Presidential Avoidance Canon

Michael K. Velchik, U.S. Senate

"Perhaps more than any other canon of construction, this rule does real work. It does not merely place a thumb on the scale in close questions. It is not restricted to breaking ties when a judge finds a statute to be “ambiguous.” Instead, this canon has compelled courts to interpret statutes in ways that are diametrically opposed to the plain text."

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."

Masking Vulnerability: Including PPE as a Covered Service in Health Insurance

Mary Leto Pareja, Professor of Law, University of New Mexico, School of Law

"This Article proposes that health benefit plans, including private health insurance and public health benefits, cover cost over-the-counter personal protective equipment that vulnerable individuals can use to protect themselves against infectious disease at zero cost out-of-pocket."

Downstream Interests in Agriculture: The Clean Water Act’s Failure to Adequately Address Nonpoint Source Pollution

Christopher Berg, J.D. Candidate, 2024, Nebraska College of Law

 "This Comment argues that the CWA does not properly address the problems associated with agricultural nonpoint pollution. Therefore, this Comment advocates for broader comprehensive government oversight for nonpoint pollution in agriculture and explores alternative incentive-based approaches for farmers to adopt."

‘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."

National Security as a Means to a Commercial End: Call for a New Approach

Yong-Shik Lee, Director and Professorial Fellow, The Law and Development Institute and Visiting Professor of Law, University of Nebraska College of Law

"This article explains the inherent risks of such national security invocations to corporate freedom and international trade. It presents an alternative approach, under which corporate interests and government industrial policy can be better aligned. The role of government in the economy and private industry must be reconsidered. Adopting a new approach will facilitate a mutually beneficial partnership between government and industry, helping to avoid inappropriate recourse to national security obligations for commercial purposes in domestic and international contexts."

The Structural Harms of Providing Mental Health Services Through the Bipartisan Safer Communities Act

Heather Swadley, Assistant Professor in Political Science at Lehigh University

"This paper analyzes the effects of tying mental health to gun violence through legislation. Specifically, it argues that the rhetoric and policy mandates enacted in the Bipartisan Safer Communities Act reproduce internal, interpersonal, and structural stigma against people with mental health disabilities. Investments in community-based services are sorely needed, but tying these reforms to gun violence prevention will increase stigma."

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."


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."

Exclusionary Rules and Deterrence After Vega v. Tekoh: The Trend Toward a More Consistent Approach Across the Fourth and Fifth Amendments

Eugene R. Milhizer, Dean Emeritus and Professor of Law, Ave Maria School of Law

"While Tekoh’s rejection of Miranda protections for § 1983 claims may ultimately prove to be significant, of far greater potential import is the Court’s rationale in support of its holding, which was premised on its assessment of the inadequacy of deterrent benefits that would be obtained by allowing such claims."