The Nebraska Law Review

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."

All Rise: Pursuing Equity in Oral Argument Evaluation

Rachel Stabler, Associate Clinical Professor of Law, Arizona State University Sandra Day O’Connor College of Law

"The nature of a traditional oral argument, where a student stands before a judging panel to present an oral argument based on a written brief, makes anonymous grading impossible. This introduces tension for those called on to evaluate oral arguments, whether as a required component of coursework, as part of a moot court competition, or in another setting. How can an evaluator who does not have the benefit of anonymity nonetheless guard against biases affecting the evaluation of an oral argument?"

NO DOGS ALLOWED (Without a Warrant): Expanding the Fourth Amendment Sanctity of the Home to Interior Threshold Searches for Tenants in Multiunit Dwellings–United States v. Mathews

Katelin O’Connor, J.D. Candidate, 2023, University of Nebraska College of Law

"The storied history of Fourth Amendment interpretation lacks clarity regarding what comprises a permissible search and what limitations are placed on a tenant’s reasonable expectation of privacy, particularly concerning the utilization of dogs to conduct sniff searches. As a result, tenants in multiunit dwellings have traditionally received fewer constitutional protections under the Fourth Amendment compared to those who live in single-family, stand-alone homes."

A Dubious Proposition of Law: Why Judicial Deference to Agency Interpretations of Regulations Is at Odds with Nebraska Law

Trevor J. Rogers, J.D., 2022, University of Nebraska College of Law

"This Comment argues that Justice Papik’s Prokop concurrence is correct. But he is correct not just because the Nebraska Supreme Court improperly adopted a questionable doctrine from federal law and because Nebraska’s APA prohibits deference, but also because judicial deference to agency interpretations of regulations clashes with Nebraska Supreme Court precedent and violates Nebraska’s Constitution."

Federal Experimentation Through State Constitutional Initiatives

Robinson Woodward-Burns, Howard University

The Single-Subject Rule and the Politics of Constitutional Amendment in Initiative States

Jonathan L. Marshfield, University of Florida Levin College of Law