The Nebraska Law Review

Muddying the Water, Clearing the Way . . . for Judicial Review of Clean Water Act Jurisdictional Determinations: Hawkes Co. v. U.S. Army Corps of Engineers, 782 F.3d 994 (8th Cir. 2015)

Taylor Fritsch

I. Introduction

II. Background ... A. The Clean Water Act’s Jurisdictional Uncertainty … B. Recent Regulatory Action ... C. Issues ... D. “Final Agency Action” ... 1. The Bennett Test of Final Agency Action ... 2. Sackett v. EPA Opens the Door ... E. Ripeness

III. Hawkes Co. v. U.S. Army Corps of Engineers ... A. Facts and Administrative History ... B. District Court Decision ... C. Eighth Circuit’s Opinion and Holding ... D. Judge Kelly’s Concurring Opinion

Bussing v. COR Clearing, LLC, 20 F. Supp. 3d 719 (D. Neb. 2014): Preserving the Right to Tell Your Employers What They Do Not Want to Hear

Kelsey E. B. Knoer

Should internal whistle-blowers be awarded the anti-retaliation protections under Dodd-Frank? This Note analyzes how the Federal District Court for the District of Nebraska's interpretation of anti-retaliation provision will preserve the integrity of whistle-blowing programs and protect those employees most in need of protection from retaliation.

The Animal Welfare Act at Fifty: Problems and Possibilities in Animal Testing Regulation

Courtney G. Lee

I. Introduction

II. Background of the Animal Welfare Act ... A. Enactment and Evolution ... B. Early Amendments ... C. Improved Standards for Laboratory Animals Act of 1985 ... D. Institutional Animal Care and Use Committees ... E. IACUC Effectiveness

III. Coverage of the AWA ... A. What Is an “Animal” under the AWA? ... B. Legislative Background of the Definition ... C. Sentience of Unprotected Species

Al Maqaleh and the Diminishing Reach of Habeas Corpus

Rehan Abeyratne

I. Introduction

II. Al Maqaleh: Background and Procedural History … A. Facts of the Case ... B. The Four Major Opinions ... 1. Al Maqaleh I ... 2. Al Maqaleh II ... 3. Al Maqaleh III ... 4. Al Maqaleh IV

Regulating the Sharing Economy: New and Old Insights into an Oversight Regime for the Peer-to-Peer Economy

Raymond H. Brescia

I. Introduction

II. Regulation, the Legal Profession, and the Sharing Economy ... A. Latent Resources and an Independent Workforce ... B. Regulation, Independence, and Consumer Protection in a Relationship of Trust ... 1. Attorney-Client Relationships, Trust, and Regulation ... 2. Sharing Economy Relationships, Trust, and Regulation ... C. Consumer Protection in a Relationship Designed to Encourage Creativity and Innovation, While Generating Profit

Stolen Profits: Civil Shoplifting Demands and the Misuse of Neb. Rev. Stat. § 25–21,194

Ryan P. Sullivan et al.

I. Introduction

II. Background ... A. Civil Shoplifting Statutes Generally ... 1. General Authority and Amount Recoverable ... 2. Civil Demand Letters ... 3. Collection of Damages and Penalties Under Civil Shoplifting Statutes ... B. An Overview of Nebraska’s Civil Shoplifting Statute ... 1. The Origins of Nebraska’s Civil Shoplifting Statute ... 2. The Statute as Amended ... 3. Limits on Pre-Litigation Demands Under Neb. Rev. Stat. § 25–21,194 ... a. General Loss-Prevention Costs ... b. Anticipated Litigation Expenses

Generally Applicable Law and the Free Exercise of Religion

Douglas Laycock et al.

I. Introduction

II. Free Exercise of Religion in the Age of Smith

III. Two Requirements with Distinct Content ... A. Neutrality ... B. General Applicability

The Right to Change Defense or Claim by Amendments to the Pleadings

John C. McElhaney

I. Amendments Generally

II. Change in Defense Pleaded from That Used in Pre-Trial Negotiations

III. Amendments after Appeal—General

IV. Amendments after Remand—Specific Examples

V. Conclusion

Duty of Farm Tractor Operators to Infant Passengers

Duane L. Nelson

I. Operator’s Status as Occupier of Land

II. Applicability of the Guest Statute

III. Conclusion

Reciprocal Trusts—A Tax Avoidance Device with Recuperative Powers

Philip G. Johnson

I. The Lehman Doctrine Prior to the Technical Changes Act of 1949

II. The Lehman Doctrine Subsequent to the Technical Changes Act of 1949

III. Conclusion

Jerome Frank’s Attack on the “Myth” of Legal Certainty

Julius Paul

One of the significant contributions of contemporary American legal realism has been the discussion of the origins, purpose, and efficacy of legal rules. Some writers have been extremely critical of the worship of legal rules and of the feeling by the lay public that rules can provide exactness and certainty in the law. Jerome Frank has been the most noteworthy exponent of this view, particularly in his pioneer book, Law and the Modern Mind, published in 1930.