The Nebraska Law Review

The Limits of Executive Power: The Obama-Trump Transition

Jody Freeman, Harvard Law School

"I thought I would talk today about the limits of executive power to rescind or weaken regulations. It is a particularly interesting time to think about this topic because we are in a moment of political transition following the 2016 presidential election."

The New Negative Rights: Abortion Funding and Constitutional Law After Whole Woman’s Health

Mary Ziegler, Florida State University College of Law

"Part II considers how proponents of the Hyde Amendment redefined conscience-based objection . . . . Part III traces the deployment of formal distinctions between positive and negative rights in the Hyde Amendment debate. Drawing on this history, Part IV reconsiders the constitutional case against the Hyde Amendment and similar laws under Whole Woman’s Health."

Insurance Risk Classification in an Era of Genomics: Is a Rational Discrimination Policy Rational?

Anya E.R. Prince, University of Iowa College of Law

"This Article examines the merits and drawbacks of a rational discrimination approach to address life, long-term care, and disability insurer use of genetic test results."

Unicorns, Guardians, and the Concentration of the U.S. Equity Markets

Amy Deen Westbrook & David A. Westbrook

"This Article argues that developments in the private and public equity markets are changing the role these markets play in the United States and concurrently what 'stock market' means as a matter of political economy."

A Murder Most Fowl: United States v. CITGO Petroleum Corp., 801 F.3d 477 (5th Cir. 2015), and Incidental Killings Under the Migratory Bird Treaty Act

Lora Anne Waeckerle

"This Note focuses on the weaknesses of the Fifth Circuit’s decision to interpret the misdemeanor section of the MBTA to penalize only those who affirmatively cause protected birds to die. This Note further argues that the Fifth Circuit should adopt a broader rule regarding MBTA sanctions in order to penalize both direct and incidental killing of migratory birds."

Karasek v. Regents of the University of California, No. 15-cv-03717-WHO, 2015 WL 8527338 (N.D. Cal. Dec. 11, 2015): The Victimization of Title IX

Chelsea Avent

"This Note focuses on the Northern District of California in Karasek v. Regents of the University of California, its interpretation of Title IX’s 'deliberate indifference' standard, and the 'further harassment' requirement that some courts have imposed for Title IX sexual harassment claims."

Slavery in the Name of Tolerance: Whether an International Legal Obligation Exists to Criminalize Prostitution

Braden W. Storer

I. Introduction

II. Background of Applicable International Law on Slavery and Sex Trafficking ... A. International Law Prohibiting Slavery and the Slave Trade ... B. International Law Prohibiting Sex Trafficking ... C. Sex Trafficking as Slavery: Overlap of the Practices ... D. An Alternative Way to Think about the Issue: Commercial Sexual Exploitation as Slavery

III. International Legal Obligations to Criminalize and Prevent Slavery and Sex Trafficking ... A. Obligation to Criminalize and Prevent Sex Trafficking ... B. Obligation to Criminalize and Prevent Slavery

You Can’t Take My Land! Is Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (2015), Transformative Law or a Political Anomaly?

Adam W. Kauffman

In Thompson, the Nebraska Supreme Court held Legislative Bill 1161 unconstitutional, while the minority opined that the plaintiffs lacked standing. This Note maintains that the minority opinion in Thompson correctly applied the law to protect Nebraska’s law on standing, and that the minority’s supermajority interpretation mirrors the Nebraska Supreme Court’s past application. 

Registration, Fairness, and General Jurisdiction

Jack B. Harrison

This article examines the evolution of general personal jurisdiction, from Pennoyer to Goodyear, and concludes that the Court’s current articulation of general personal jurisdiction unnecessarily hampers plaintiffs' ability to pursue redress for injuries in their home states. 

The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study

Dwight Newman

Property rights of Indigenous communities have far-reaching effects, impacting general economic prosperity, the ability to contract outside the community, and resource development. This Article focuses on title rights held by Canadian Indigenous communities, but the analysis and concepts have direct practical relevance to Indigenous communities elsewhere.

Separation of Powers and the Class Action

Mark K. Moller

The federal court system’s increasing hostility toward class action certification has resulted in tens of thousands of individual cases winding up in state courts. This Article analyzes the new way of thinking about litigant autonomy in this “post-class-action” era.

Rethinking Counterterrorism in the Age of ISIS: Lessons from Sinai

Sahar F. Aziz

Failing states serve as havens for violent extremist groups to grow and spread, yet Western nations continue to limit their counterterrorism practices to merely preventing violence on their soil. Egypt’s Sinai Peninsula serves as a valuable case study for rethinking counterterrorism methods in the age of ISIS.