The Nebraska Law Review

Upfront Complicity

Charles F. Capps, Deputy Soliciter General, State of Missouri

"In most American jurisdictions, accomplice liability requires a mens rea of intention with respect to the conduct that constitutes the principal’s commission of the crime. Scholars have criticized the intention requirement on the ground that some accomplices, such as those who were paid upfront for their assistance, do not care whether the principal’s criminal conduct occurs and therefore do not intend to bring it about that the principal’s criminal conduct occurs. This Article defends the intention requirement against this criticism."

Expanding State Parent Registry Laws

Jeffrey A. Parness, Professor Emeritus, Northern Illinois University College of Law

"State laws should be reformed so that asserted parental rights and interests in PRs can be employed in more settings. PR opportunities should also be expanded to reflect the evolving legal changes recognizing increased parenthood opportunities for those with no biological or formal adoptive ties, including both women and men."

The Wrong, the Wronged, and the Wrongfully Dead: Deodand Law as a Practice of Absolution

Trayce Hockstad, Attorney, University of Alabama

"We call legal regimes of the world 'justice systems' because they aim to provide us with just that—justice. As it turns out, a significant part of achieving justice involves finding someone or something to blame for the wrongs we endure. How successful the law is in ascertaining perpetrators and doling out just desserts is a complicated question. "

Reinterpreting the Ministerial Exception in Our Lady of Guadalupe School v. Morrissey-Berru

Robert Drust, III, J.D. Student at the University of Nebraska College of Law and Member of the Nebraska Law Review

"The purpose of the ministerial exception is to bar any claim whose resolution would limit a religious institution’s right to select who will perform particular spiritual functions. However, judicial definitions of a minister have become cloudy. The Supreme Court’s decision in Our Lady of Guadalupe School v. Morrissey-Berru further muddied this definition. Rather than use factors introduced in a previous case with similar facts, the Court created a new, extremely broad test."

PHYSICIAN AID IN DYING: Physician-Assisted Suicide as a Constitutionally Protected Liberty Interest Under the Nebraska Constitution

Emily Newcomb, J.D. 2022, University of Nebraska College of Law

"Death is not what it used to be-it is no longer normally a common, family communal, or even religious event. Modern dying takes place in a hospital while attached to machines that attempt to prolong life but seem to simultaneously take patients further and further away from dying with dignity. As these technologies that prolong life evolve, so do those that seek to ease one’s transition to death."

Fifty Years of the UNL College of Law Multicultural Legal Society

Anna Williams Shavers, Associate Dean for Diversity and Inclusion and Cline Williams Professor of Citizenship Law, University of Nebraska College of Law

"MCLS and its supporters were actively involved in the pursuit of the goals of providing opportunities for students of color, hiring a diverse faculty, and enriching the experiences of all students. This Article discusses the early years of MCLS, describes its cooperative efforts with the Law College and other supporters, and finally celebrates the accomplishments of the organization and its individual members. This Article also demonstrates that the concerns of fifty years ago remain."

Picturing Anna Williams Shavers

Steven L. Willborn, Judge Harry A. Spencer Professor of Law, University of Nebraska College of Law

"Anna Shavers was the College’s first African-American professor, and she shepherded the College, as Professor, Associate Dean, and Acting Dean, into a new era of awareness and inclusion. She has had the single greatest effect on the culture of the Law College of anyone during my four decades here. It may well be that the 'Larry Berger era' was followed immediately by the 'Anna Shavers era.'"

Anna Williams Shavers–In Grateful Memory

Josephine (Jo) R. Potuto, Richard H. Larson Professor of Constitutional Law, University of Nebraska College of Law

"Anna and I talked about important, grave, and serious things; about the Law College; about legal education; about current events; about the state of the country and the world. We also shared the little things, the funny things, about ourselves, our families and friends; about books we were reading, movies or television shows we had seen. We told each other things we were embarrassed to share with others because they were too petty or silly. Most of all we laughed together."

In Memoriam–Anna Shavers

Richard Moberly, Dean and Richard C. & Catherine C. Schmoker Professor of Law, University of Nebraska College of Law.

"In January 2022, the University of Nebraska College of Law and our broader community lost a wonderful law professor, a valued colleague, and a fierce advocate for justice. Anna Shavers was the Cline Williams Professor of Citizenship Law and the Associate Dean for Diversity and Inclusion at the College of Law. But she was so much more for those of us who were able to call her our friend."

Bright, Elegant, and Important: Remarks from Dean Shavers’ Memorial

Natasha Naseem, J.D., 2022, University of Nebraska College of Law.

"The last thing I thought I would ever do was bother Dean Shavers with any of my problems. I was certainly eager to take her classes, as I had come to law school with hopes of becoming an immigration attorney. But I believed my goal would only be achieved by spending the next few years keeping quiet and keeping my head down. Nevertheless, Dean Shavers insisted that she wanted to hear from students—particularly students of color—and that her door was always open."

Lessons from Dean Shavers

Endeliza M. Hampton, J.D., 2022, University of Nebraska College of Law

"Most students start school with scary stories of how difficult the reading will be, and how professors will torment them using the Socratic method. There are few, if any, stories of professors being supportive or sharing their experiences. Yet, Dean Shavers allowed herself to be vulnerable. By sharing her experiences, she not only shared her knowledge, but also provided guidance and hope."

Scrap McDonnell Douglas and its Burden-Shifting!

Carlissa Carson, Emory University School of Law

"The McDonnell Douglas framework governs our judiciary’s analysis of race and gender-based employment discrimination claims. Ultimately, this Article concludes that McDonnell Douglas is a decadesold, traditional mechanism that has long outlived its usefulness. Any questions about fulfilling Dr. King’s dream must be answered with a resounding no. As such, a new framework must be installed to adequately address the '-isms' plaguing America’s workplaces."