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."
Direct Democracy: From Theory to Practice Symposium Direct Democracy: From Theory to Practice Symposium: Introduction
Anthony B. Schutz, University of Nebraska College of Law
Robinson Woodward-Burns, Howard University
Changing the Rules for Direct Democracy in the Twenty-First Century in Response to Animal Welfare, Marijuana, Minimum Wage, Medicaid, Elections, and Gambling Initiatives
John Dinan, Wake Forest University
Jonathan L. Marshfield, University of Florida Levin College of Law
Anthony Johnstone, University of Montana Blewett School of Law
UNIVERSITY OF NEBRASKA COLLEGE OF LAW
The Hijacking: The Remnants of Morrissey-Wolff Due Process in Solitary Confifinement after Sandin v. Conner
Russell E. Lovell II, Drake University Law School
Rachel Tomlinson Dick, University of Nebraska College of Law
Kelly Shanahan, University of Nebraska College of Law