The Nebraska Law Review

Free Exercise and Substantial Burdens under Federal Law

Mark Strasser

I. Introduction

II. The Ever-Changing Free Exercise Jurisprudence ... A. Reynolds ... B. Modern Jurisprudence Suggesting No Exemptions Are Required ... C. The Jurisprudence Does an About-Face ... D. An Implicit Modification of the Jurisprudence? ... E. Back to Robust Protection? ... F. Tepid Protection?

III. The Congressional Response to the Court’s Free Exercise Jurisprudence ... A. RLUIPA ... B. RFRA ... C. The Circuits’ Quandary

IV. Conclusion

The Collective Fiduciary

Lauren R. Roth

A Fair Competition Theory of the Civil False Claims Act


On December 4, 2015, the Supreme Court granted certiorari in Universal Health Services v. United States ex rel. Escobar, a fraud case that may reshape the future of $1.9 billion of annual healthcare fraud recoveries in the United States. Julio Escobar and Carmen Correa lost their daughter to a seizure while she was under the care of Universal Health Services.  Escobar and Correa subsequently learned that the staff caring for their daughter were not licensed or certified.

Copyright’s Unconsidered Assumption: Statutory Successors to the Termination Interest (and the Unintended Consequences for Estate Planners)

Katie Joseph

I. Introduction

II. A Brief Overview of Termination

III. Legislative History of Successors in Reversion and Termination ... A. 1790–1831 ... B. The 1909 Copyright Act … 1. Conferences ... 2. Congressional Proceedings ... C. The 1976 Act ... 1. Studies and Conferences on Revision ... 2. Congressional Proceedings

Our Court Masters

Chad J. Pomeroy

I. Introduction

II. The Gun or the Salute

III. The Limits of Volunteerism

IV. Different Views of How Courts View Their Role ... A. The Dynamic Court View and the Constrained Court View of the Courts ... B. All Views Eventually Answer to Society

V. When Courts Exceed Perceived Social Norms, They Risk Their Own Legitimacy ... A. The Resistant Psychology of Contrary Directives ... B. Examples of Courts Stretching Social Norms ... C. Legitimacy Undermined: The Fallout of Stretching Social Norms ... D. A Contemporary Narrative

VI. Conclusion

The Historical Case for Abandoning Strickland

Brian R. Gallini

I. Introduction

II. The Strange Right-to-Counsel Journey ... A. The Journey to Strickland ... B. Defining Who Is “Effective” Counsel

III. Strickland’s Untold Story ... A. Part V’s Analytical Fallacies ... 1. Tunkey’s Suppression Motions, Sentencing Memorandum, and Performance at Sentencing ... 2. Character Evidence, Psychological Evidence, and Giving Up on David Washington ... 3. Washington’s “Rap Sheet” ... B. The Disutility of Part V ... C. Justice O’Connor’s Private and Unspoken War

IV. Conclusion

Disability Discrimination in the Form of Ad Hoc Examinations


Disability Discrimination in the Form of Ad Hoc Examinations

Thomas E. Simmons*
* Thomas E. Simmons is an assistant professor at the University of South Dakota School of Law.


Disability Discrimination in the Form of Ad Hoc Examinations: A Brief Introduction


Nearly every Employment Law casebook, course, and lecture includes at least some mention of the Americans with Disabilities Act.  In addition to the ADA, the Nebraska Fair Employment Practice Act prohibits discrimination in the workplace.  Under either Act, an employer-mandated medical examination of an individual with disabilities is presumed to be unlawful discrimination.  Thomas E.