Precedents Ignored: Erroneous Applications of Due Process Precedents Lead to Unjust Consequences for Pretrial Detainees and a Lack of Accountability for Jailers—Whitney v. City of St. Louis, 887 F.3d 857 (8th Cir. 2018)
Deena Keilany, J.D. Candidate, University of Nebraska College of Law, 2022
Once Mentally Ill, Always So? Maybe Yes. Maybe No: Addressing the 18 U.S.C. § 922(g)(4) Circuit Split and Lifetime Gun Bans for the (Formerly) Mentally Ill
Melissa J. Araiza, J.D., 2021, University of Nebraska College of Law
Administrative Compensation for Military Harassment and Sexual Assault: A Win-Win for Victims and the Military
Gwendolyn Savitz, University of Tulsa College of Law
“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
The Incriminating Sound of Silence: A Need for Protection of Post-Arrest, Pre-Miranda Silence
Emily Locke, J.D. Candidate (2022), The University of Nebraska College of Law
This Comment argues that a defendant’s right to remain silent under the Fifth Amendment includes silence occurring after arrest but before receipt of the Miranda warnings.
COVID-19, Constitutions, and a Connected World: Assessing the Constitutionality of Remote Voting in Legislatures
Joseph R. Quinn, J.D. CANDIDATE (2022), UNIVERSITY OF NEBRASKA COLLEGE OF LAW
This article demonstrates that while there may be practical hurdles to overcome in order to implement remote legislative voting, neither the U.S. Constitution nor the Constitution of the State of Nebraska provide any detrimental barriers.
Cracking Self-Defense’s Intractable “Difficult Cases”
T. Markus Funk, Ph.D, Oxford University
Listen!: Amplifying the Experiences of Black Law School Graduates in 2020
Sarah J. Schendel, Associate Professor of Academic Support at Suffolk University Law School
"This Article includes the results of a pilot survey designed to determine the predominant themes in the experiences of Black law school graduates in 2020."
COVID-19 Control: Disrupting Doctor-Patient Relationships
Roy G. Spece, Jr., John D. Lyons Professor of Law, University of Arizona James E. Rogers College of Law
"This Article employs constitutional law to analyze, defend, or undercut the use of delay pronouncements, ethical codes, literature, and concepts."
Where’s the Meat? Lochner and the President’s Executive Order
Catherine M.A. McCauliff, Emeritus Professor, Seton Hall Law